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(영문) 서울남부지방법원 2016.07.15 2014고단3626

업무상횡령

Text

Defendants are not guilty.

Reasons

1. Summary of the facts charged in this case

A. Defendant B is the representative director of the victim H Co., Ltd. (hereinafter “H”), Defendant A is a director of H, and Defendant C is a person who worked as a managing director and auditor of H, both of which aim at housing construction business.

When the Defendants came to know that I would try to take over an enterprise which has been established in order to promote the downtown redevelopment project, the Defendants decided to transfer the management rights of J (the future change to H) to I. On October 18, 2008, Defendant A entered into a contract to transfer the management rights of J (the corporation business operator) to I only 30 million won at the Indud Accounting Corporation's office.

After that, on December 29, 2009, the Defendants received the amount of KRW 22,293,80 from the corporate entrepreneur from I, and I changed the trade name of J corporation to H.

However, around May 3, 2010, the Defendants held a temporary general meeting of shareholders for the reason that “I embezzled the public funds of the I Company,” and appointed Defendant B as the representative director under the circumstance that I could obtain considerable profits from the above officetel sales project, such as securing funds to take over the Ktel in Seongdong-gu Seoul under H’s name, etc. Around that time, the Defendants could obtain considerable profits from the above officetel sales project. On June 22, 2010, the Defendants held a temporary general meeting of shareholders for the reason that “I embezzled the public funds of the I Company,” without undergoing lawful convocation procedures around June 22, 2010, and appointed I as the representative director.

The Defendants, as seen above, were unable to operate the H in the manner of mind by filing a lawsuit, such as attaching a provisional attachment of the deposit account in the name of H, etc. against the foregoing management right of H, with the intent to establish a separate company by reducing part of H funds.

Accordingly, the Defendants promote new projects at H office around September 17, 2010.