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(영문) 대전지방법원 2017.01.12 2015고단3308
횡령
Text

Defendants are not guilty

Reasons

1. Defendant A was established as E’s high school, and Defendant B was the operator of F(State). Defendants and E were to promote coal import business as a club business. On October 24, 2011, Defendant A established “G” around the same day.

1. Defendant A may obtain a loan of UNFCCC from around August 2012 through “A” (State) companies (State) where B, a Brazil, is working, for a company requiring business funds.

In order to obtain a loan, it is necessary to establish a corporation and 30 million won of basic expenses is required.

“Around August 28, 2012, the victim J (“J”) was established by engaging in the same business with E, and around August 28, 2012. Around August 30, 2012, K, the representative director of the IO, issued to K a total of KRW 30 million, including KRW 20 million and Defendant’s funds of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000.

However, since then, it was confirmed that the Defendant was not capable of executing the loan. In the Daejeon District Court 2013Ga 36573 Ga, which was brought against the Defendant, the conciliation was concluded to transfer KRW 30 million to the Defendant around December 6, 2013, and the Defendant was kept for the Defendant’s agricultural bank head around January 29, 2014 and around February 17, 2014, in accordance with the above conciliation, from around February 18, 2014, the Defendant was transferred KRW 20 million to the Defendant’s agricultural bank head around February 29, 2014 and transferred KRW 30 million to the Defendant’s agricultural bank head.

3. Until April, 300, the Defendant embezzled at his own discretion by using the Defendant’s personal debt repayment and living expenses, etc.

2. Defendant B, at the office of Seo-gu Daejeon, around September 201, provided explanation about the establishment of “Sgue L/C” related to coal import business in the presence of the victim E, and M, N, and A, etc., Defendant B assumed that the victim E bears the costs associated with the establishment of the above “Sgue L/C”. The Defendant is responsible for establishing the above “Sgue L/C (Credit)”.

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