beta
Text
Defendants are innocent.
Reasons
1. Defendant A is a person who was jointly represented by G with the Victim F Co., Ltd., the victim F, the coffee specialty of which is Seoul Jongno-gu Building 502, and Defendant B works as the chief of the above company and substantially managed the company:
A. On May 2014, the Defendants, in collusion, sold to a business entity called “H” around August 2014 while keeping one set of coffee strawing machine purchased at the victim’s office at the victim’s company’s company’s expense, and embezzled the proceeds of sale of KRW 20 million for the operating fund of “I” (hereinafter “instant company”) that Defendant A personally operated, by using the proceeds of sale of KRW 20 million for the money for the operation of “I” (hereinafter “instant company”).
B. On September 22, 2014, the Defendants conspired to receive KRW 40 million from the J for the transfer of the assets of the victim company and receive KRW 40 million as the down payment for the transfer of the victim company’s assets for the sake of the victim company, and embezzled them by remitting the sum of KRW 15 million, including KRW 10 million, around 24th of the same month, and KRW 5 million, around 25th of the same month, to the account of Defendant A’s National Bank.
C. On December 9, 2014, the Defendants conspired to transfer the remainder amount of KRW 210 million under the contract for the transfer of the assets of the victim company at the victim company’s office to the agricultural cooperative account under the name of the Defendant A and embezzled it by using it as the operating fund of the instant company.
2. Determination:
A. First, we examine the facts charged.
According to each evidence duly adopted and examined by this court, G and Defendant A jointly supplied the coffee business experience of Defendant A to the domestic market on February 2, 2014 and established the victim company with the capital amounting to 350 million won for the purpose of operating coffee chain. G and Defendant A have a favorable share in establishing the victim company.