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(영문) 부산지방법원 동부지원 2014.02.10 2013고정477
횡령
Text

The defendant shall be innocent.

Reasons

1. On July 29, 2008, the Defendant was detained by D, her husband, at a coffee shop where the trade name in the Seocho-gu Seoul Metropolitan Government Yang Jae-dong could not be known. The Defendant received a request from the victim C to appoint a lawyer, and received three copies of the check of one million won from the victim on August 9, 2008 as attorney fees, received three copies of the check of one million won from the victim on August 9, 2008, and remitted 1.5 million won to the E bank account of the Defendant, and embezzled 7.5 million won in total from the above bank account around August 28, 2008 for the victim as attorney fees.

2. The complainant requested the defendant to appoint a counsel from her husband D, who is detained for a crime of false accusation, and the defendant introduced the F lawyer. However, the complainant was only 7,50,000 won out of 10,000 won to the defendant. The complainant received a written application for release on bail from the F lawyer without giving the F lawyer the above money to the defendant. The complainant and the defendant borrowed the money until the complainant completed the full appointment fee, and the defendant borrowed it from the court, and the defendant used the money to pay the above money to the counsel, including the above money, and if the complainant did not prepare the appointment fee, the defendant agreed to return the above money to the complainant. If the complainant did not prepare all the appointment fee, the defendant failed to prepare the appointment fee, and the defendant returned the above money to the complainant on or around May 209.

3. Determination

A. According to the evidence examined by this court, the complainant paid 7.5 million won to the defendant a counsel fee, the defendant received an application for release on bail from F attorney without giving F attorney-at-law, and the complainant applied for release on bail to the court on August 14, 2008.

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