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(영문) 인천지방법원 2018.11.02 2018고합139
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant shall be innocent.

Reasons

1. Some correction or correction was made according to the facts found through the examination of evidence, including the apparent clerical error or error in the indictment.

The Defendant is a person who actually runs a stock company B (hereinafter referred to as “B”) that performs the business of selling in lots, and the victim C Co., Ltd. (hereinafter referred to as “C”) is an executor of the building of the Incheon Nam-gu Seoul Metropolitan Government D Commercial Building (hereinafter referred to as “the building of this case”).

The Defendant, on August 24, 2016, managed by himself.

B The target sale rate shall be calculated on the basis of the sale price (10,138,037,00 won) of the building of this case as the unit sale price of this case, and the target sale rate shall be 40% until October 27 of the same year, 65% until November 13 of the same year, 90% until December 6 of the same year, and 10% until the completion date of the contract, and the sale price shall be 10% from the account of F Co., Ltd. (hereinafter “F”) (hereinafter “the trust account of this case”), which was delegated by C with the money management agency, within two times on September 28, 2016 and October 5, 2016.

Nevertheless, on November 10, 2016, the Defendant received KRW 120,33,970 from H to the trust account of BI bank account of this case, not the trust account of this case, and received KRW 638,70,970 in total from both parties to the instant building from around October 5, 2016 to December 6, 2016, and received KRW 638,70 in total,970 in the sale price from B corporation account of this case, as shown in the list of crimes.

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