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(영문) 의정부지방법원 고양지원 2015.04.03 2014고단1092
업무상횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, from May 2001 to May 31, 201, has been in charge of various duties, such as the management, lease, revenue, and expenditure of the F building, which is the ownership of the victim E (the 71-year old and U.S. residing) located in Yongsan-gu, Yongsan-gu.

On April 3, 2006, the Defendant: (a) transferred management expenses under the name of the Defendant from a passbook (National Bank Account, Account NumberG) to a securities account under the name of the Defendant and embezzled them by using them for stock investment, and (b) embezzled them by using them as a securities account under the name of the Defendant; and (c) embezzled totaling KRW 92,250,000 by the same method over 21 times from around that time to February 12, 2008, such as the list of crimes.

2. Determination

A. According to the records, prior to the transfer of the defendant to the defendant's future deposit linked account, such as No. 1 to No. 8 of the annexed crime sight table, the defendant deposited his money into the relevant account as stated in the defendant's argument column of "Adjustment of the amount of deposits to each withdrawal on the annexed crime sight table". G account, which falls under No. 1 to No. 8 of the annexed crime sight table, appears not to be used as the deposit account for the management expenses, etc. of the building of this case at the time of the withdrawal concerned. The management expenses, etc. deposited into the I account seems to have been deposited into the victim's name. The attached crime sight table No. 9 to No. 21 was transferred from the defendant's J account to the defendant's future deposit linked account. Since the above account belongs to the defendant, the defendant's loans newly incurred from the above account should also be deemed to belong to the defendant, while managing the building of this case on a regular basis, the victim and the victim of this case did not jointly report the management status of the building of this case.

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