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(영문) 서울중앙지방법원 2018.02.06 2016고정2961
업무상횡령
Text

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

Reasons

1. The summary of the facts charged C is the chairperson of the Victim EM in Seocho-gu Seoul Metropolitan Government D Building 301 (hereinafter “victim EM”), and the defendant is the vice-chairperson of the Victim EM, and persons who are engaged in the joint management of the Victim EM’s funds.

On January 29, 2009, the Defendant and C received KRW 90,000,000 from Jeonra Kim Jong-si on March 10, 2009 to the 18th day of the same month as subsidies from Kim Jong-si and Kim Jong-si on March 10, 2009 to the Defendant’s agricultural bank account (H) in the name of the Defendant and kept in custody for the victim’s association.

In collusion with C, the Defendant requested on March 9, 2009, the Newdong Middle School located in Seocho-gu Seoul, Seocho-gu, 27, to the Defendant that “A shall pay money at the attorney’s expense for the assault case, as it is urgently required to pay it from the public funds of the victim’s Federation.” The Defendant consented to it, and then withdrawn KRW 10 million from the said account to the agricultural branch in the vicinity of the Agricultural Cooperative, as 10 million won, from the said account, to C, and then, C embezzled it by recklessly consuming it for its private use.

2. According to each evidence duly adopted and examined by this court, it is recognized that the Defendant, from the Kim Jong-si to March 10, 2009, withdrawn KRW 10 million out of KRW 90 million received as subsidies from Kim Jong-si (hereinafter “F”) and from “G” (hereinafter “G”), and then sent to C a 10 million check before the 10 million mold.

However, the facts charged of this case is premised on the premise that the total amount of KRW 90 million received by the Defendant from Kim Jong-si is the money kept in business for the victim E-M (hereinafter “victim E-M”). The following circumstances acknowledged by each of the above evidence, namely, the Defendant’s association from an investigative agency to this court.

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