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(영문) 전주지방법원 남원지원 2019.05.28 2018고단193
업무상횡령
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the representative of the C&A corporation located in the former North Korea (hereinafter “victim”) from September 11, 2012, who exercises overall control over the operation, fund management, etc. of the said corporation. A.

On November 16, 2012, the Defendant offered as security the instant real estate (hereinafter collectively referred to as the “instant real estate”), and applied for a loan of KRW 170,000,000,000 to the E Union located in Jung-gu, Jung-gu, Jung-gu, the damaged juristic person’s ownership of the land, namely, “H lot number,” and only, at the same time, at the time other land is indicated, indicated as “H lot number,” and its ground buildings (hereinafter collectively referred to as “the instant land and buildings”).

On November 16, 2012, the Defendant embezzled the property of the victimized corporation by arbitrarily using the above loan by lending KRW 170,000 to the post office account under the name of the Defendant on the same day while keeping it in business after borrowing KRW 170,000 from the E Union to the I Association account under the name of the victimized corporation.

B. Around November 19, 2013, the Defendant filed an application for a loan of KRW 80,00,000,00 with the instant real property offered as security at the K Association located in theJ of Jeonbuk-do, around November 2013.

On November 18, 2013, the Defendant embezzled the property of the victimized corporation by arbitrarily using the above loan in a manner that deposit KRW 59,161,90 to the International Association account in the name of the victimized corporation with the Defendant’s mother on the same day, and KRW 20 million to the same account around November 20, 2013.

C. On July 24, 2014, the Defendant was on July 2014, and around July 2014.

In the K Association listed in the subsection, the real estate of this case was offered as security and applied for a loan of KRW 90 million.

On July 24, 2014, the Defendant borrowed KRW 90 million from the K Association to the I Association account in the name of the victimized Corporation and kept in custody for business purposes. On July 25, 2014, the Defendant transferred KRW 60 million to the I Association account in the name of the M Association Corporation, and KRW 10 million to the I Association account in the name of L.

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