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(영문) 수원지방법원 2013.05.16 2013고정61
횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was engaged in the victim C (the head of D headquarters) and the apartment interior work together with the Defendant. On November 25, 201, the Defendant entered into a construction project with the contractor F in relation to the E Apartment 3007, 2702, Suwon-si around November 25, 201, and transferred KRW 24 million to the national bank account in the name of D’s name as the contract deposit and intermediate payment, but under the remainder of the construction project, the Defendant was required to transfer KRW 5 million to the national bank account in the name of D’s name as the contract deposit and intermediate payment.

2.2.3 million won;

3. A total of KRW 9.599 million, including KRW 1590,00,00, was remitted to the agricultural cooperative account under the name of the defendant, and the victim’s request to return it was embezzled without good cause.

2. The defendant and his defense counsel asserted that since the defendant had engaged in a business with C and received the above test work from F, and the remaining construction cost 9.59 billion won transferred to the agricultural bank account under the name of the defendant was fully disbursed for the above test work expenses, the defendant did not embezzled the above money.

3. In full view of the judgment below, the defendant's legal statement, the police interrogation protocol of the defendant against the defendant, the police interrogation protocol of the defendant, the written statement of the police investigation of the defendant against C, the written complaint of the defendant, the execution contract, the content certificate, the certificate of completion of the construction cost, the investigation report (Attachment to the document submitted by the complainant), and the investigation report (the counter telephone investigation of the witness G), the defendant and C agreed to carry out the apartment interior works together with F to carry out the above interior works, and entered into the contract with F to carry out the above interior works with F. The above interior contract with F was not related to D. The defendant and C agreed to have the defendant take charge of money disbursement and on-site management. Accordingly, C remitted money to the defendant under the name of "D" to transfer money disbursement and on-site management. Accordingly, C transferred money of KRW 24 million,999,000,000 to the account under the name of "D" for management of the defendant, and the defendant made the defendant manage the entire payment of the said interior works.

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