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(영문) 의정부지방법원 고양지원 2017.05.25 2015고단3602
횡령
Text

The defendant shall be innocent.

Reasons

1. The facts charged [2015 High Order 3602] The defendant is the defendant's agent for the collection of claims by the victim C, and the victim is the person who received the claim for the construction price against the victim E by the victim (State).

On December 29, 2011, the Defendant applied for an auction on the building and land in Ulsan-gu, Ulsan-gu, Seoul-do on behalf of the victim and received a decision of commencement of auction. On March 12, 2012, when G, etc., who is the lessee of the above building, paid KRW 200 million under the pretext of agreement for withdrawal of auction, the Defendant arbitrarily deposited KRW 135 million out of the above money to D, and embezzled by arbitrarily using the above KRW 200 million out of the above money as Defendant’s fee, and used KRW 10 million as Defendant’s fee.

[2016 Highest 997]

A. The primary Defendant was a person who was an employee of the Seoul Credit Rating Information Institute, a company specializing in the collection of claims, and was delegated by the representative director H around March 2010 with the authority to collect claims for construction price claims of KRW 588,304,708, etc. against E, the main owner of the I building of KRW 588,304,708.

Around October 4, 2011, the Defendant entered into a contract for the transfer and takeover of bonds with the content of selling the above claim for the construction cost in an amount equivalent to 500 million won on behalf of the victim J Ha, and received KRW 30 million from the damaged party to the account in the name of the Defendant’s wife on the same day as the down payment, etc. (ju), KRW 70 million from the account in the name of the Defendant’s wife on the same day, KRW 3 million from the account in the name of the Defendant’s wife on the same day, and KRW 3 million from the account in the name of the Defendant’s name on November 1, 201 to the account in the name of the Defendant, KRW 50 million, KRW 30 million from the account in the name of K around November 1, 201, KRW 10 million from around 200,000 to the total amount of KRW 18,510,010 from each of the previous accounts in the name of the Defendant around 201.

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