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(영문) 서울중앙지방법원 2012.06.05 2010고정6031
횡령
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, as the de facto representative of the manufacturing company of the Estrawer products (mainly) D, prepared a basic agreement on the production and sale of the Estrawer products around December 10, 2007 with the Victim F and the Defendant decided to develop and manufacture the said products, and the victim had exclusive right to sell the said products.

On February 2, 2008, the Defendant received from the victim the provision of the (ju) D D office located in the Namdong-gu Incheon Metropolitan City around the end of February 2008, the Defendant offered from the victim the light bargaining strawlst (on a market price equivalent to KRW 38,00,000,000), the oil pressure presses (on a market price of KRW 6,000,000), and the oil pressure presses (on a market price of KRW 10,00,000).

On September 208, while the Defendant was in custody of the said machinery and metal that were provided for the production of products for the victim, the said machinery and the metal type were provided to G, the creditor of the Defendant, by arbitrarily providing the said machinery and the metal type as a collateral for the obligation of the Defendant, due to the shortage of funds, etc. at the above office.

2. Determination

A. The defendant's and his defense counsel's assertion that the machinery stated in the facts charged was temporarily stored in G's factory because the (ju) D's operation was closed at the time as stated in the facts charged, and that the defendant did not provide G with the said machinery as debt security because there is no debt against G.

B. As to whether the defendant's moving of the above machinery to G's factory was provided to G as a debt security, in light of the results of the case related thereto [In Incheon District Court Decision 201Da594 (In Incheon District Court Decision 2011No2597, Supreme Court Decision 2011Da2597), Incheon District Court Decision 2010Da104804 (In the appellate trial), Incheon District Court Decision 2010Da104804 (In the appellate trial), Incheon District Court Decision 2010Da102891 (in the appellate trial), Incheon District Court Decision 2010Kadan50617 (Final Decision)], the evidence submitted by the prosecutor alone is insufficient to acknowledge the above facts, and there is no other evidence to acknowledge it.

3. Therefore, the instant facts charged are proven.

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