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(영문) 대전지방법원 서산지원 2018.10.11 2017고단1019

횡령

Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case

A. On August 17, 1998, the Defendant entered into a joint business and ownership agreement with the victim C in Jin-si around August 17, 1998, under the agreement that F and the victim jointly jointly share the shares of the food liver (D and serial number E) in the food liver (D and serial number E) in the food liver in 1994 and jointly lease the shares and then divide the profits.

On February 9, 2015, the Defendant, at the H office located in J in J on February 9, 2015, sold 88,000,000 won to I at will, without the victim’s permission, and embezzled 1/2 shares of 1/2 shares in the market price owned by the victim in 1994.

B. On July 15, 2014, the Defendant, at the H office located in Jin-si, Chungcheongnam-si, Chungcheongnam-si, Jinnam-si, agreed to conduct the business of joint ownership of construction machinery and the business plan that the Defendant shared 3/4 shares and the victim shared 1/4 shares and leased them jointly, at the H office located in Jin-si, Jin-si, Jin-si, Jin-si (J and serial number K) in 2003, and prepared a plan for joint ownership of construction machinery and business plan.

During that process, Defendant 1 sold and embezzled shares of 1/4 of the market price equivalent to KRW 60 million owned by the victim to L at the H office around September 2015, when the victim had kept the 1/4 share of the 1/4 share as above, around September 2015, the Defendant Company arbitrarily sold and embezzled shares of 1/4 share of the 1/4 share of the 1/4 share of the 1/2003 interest of the 2003 interest.

2. Determination

A. The defendant and his defense counsel's assertion in 194 sold the product with the consent of the defendant, and most of the price was paid, and the 1/4 shares of the victim in 2003 are null and void, so it is not sold by the defendant on behalf of the victim (the initial defendant and his defense counsel in 2003 of this case).