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(영문) 수원지방법원 2012.12.21 2012고정1090
업무상횡령
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged in the instant case is a person who agreed to provide a partnership with the victim D and E station in the form of one share, and registered as a co-ownership of the victim and the defendant, and is engaged in the management of profits accrued while operating the E station.

1. The Defendant, around July 201, deposited and kept the proceeds from the sale of oil in the bank account in the name of the E station in the name of the E station. On July 201, the Defendant embezzled the said proceeds for the victim by voluntarily consuming the proceeds from the sale of the oil from the account transfer to the E station in the name of the E station. On July 201, 201, the Defendant: (a) around KRW 1,543,142 ( KRW 509,583, August 25, 2011; (b) KRW 183,189, Sept. 183, 201; (c) KRW 33,700, Sept. 27, 2011; and (d) KRW 516,670, Oct. 25, 2011.

2. The Defendant, between July 201 and December 12, 201, deposited the sales price of oil into the deposit account of a national bank in the name of the EB bank. From July 201 to November 11, 201, the Defendant embezzled the said amount of money kept in custody for the victim by voluntarily consuming the amount of insurance premium from the payment for the said oil sales to the account transfer of KRW 2,500,000 in the name of the Defendant’s personal insurance at the same place of a national bank from July 201 to from July 201.

3. On September 19, 201, the Defendant voluntarily consumed the amount equivalent to KRW 20,000,000, out of the Defendant’s personal debt owed to the Defendant F in the deposit account of the National Bank of Korea, and embezzled the said money held by the Defendant for the victim, on September 19, 201, by means of account transfer from the payment for the above oil sales.

2. The evidence adopted by this Court through due process of the examination of evidence.

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