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Reasons
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(영문) 의정부지방법원 2015.12.23 2015고단2229
업무상횡령
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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant is the head of the Korean War Veterans Association, who is in charge of the financial affairs of the said church, a victim, as the head of the Ministry of Finance and Economy of the South-North Korean War.

around April 2008, the Defendant purchased land equivalent to approximately KRW 450 million from the “G Licensed Real Estate Agent Office” of the Defendant’s operation in the Namyang-si, Namyang-si for the above church as a site for the church. After receiving KRW 1.33 billion from the church’s land purchase fund, the Defendant reported to the church as if he purchased the above land at KRW 1.1 billion, but then embezzled by using the remaining difference of KRW 2.30 million for personal use around August 2008 while he kept the victim.

2. Determination

(a)In 2008, the Korean Association of Arts and Arts (1) passed a resolution to purchase a new church site, which is the head of the above church and the defendant among real estate, who is a private individual, delegated a consultation to purchase the site in physical form;

Accordingly, the defendant introduced H, I, and J land in Namyang-si.

(2) On April 16, 2008, the Defendant entered into a sales contract with K to purchase each of the above lands of KRW 1.25 billion, and submitted it to a church to the church and deemed that the above church requires a total of KRW 1.3 billion, including the additional payment of KRW 30 million, and the cost of moving the tomb, KRW 50 million.

(3) However, the fact was that the purchase price under the sales contract for each of the above lands that the Defendant entered into between K and K at the above time was KRW 1 billion, and even if considering the cost of removal of a grave, KRW 50 million was to be paid for the actual purchase of the above lands, the above church paid KRW 1.1 billion.

(4) The above church from April 28, 2008 to the financial resources for money, loans, contributions, etc. sold to the land owned by the above church.

8. up to 28. A total of 1.32 billion won shall be remitted to the Defendant’s account or issued a check.

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