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(영문) 서울남부지방법원 2017.08.11 2016노1457
업무상횡령
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of grounds for appeal;

A. The Defendants established L Co., Ltd. (hereinafter “L”) with respect to the primary facts charged and withdrawn KRW 300 million from the victim H Co., Ltd. (hereinafter “H”) to use L for the establishment fund appears to be a business management measure to promote H’s interest by performing the P Business (hereinafter “P”) in the form of a formal manner. However, the Defendants are sufficiently admitted to the Defendants as to the unlawful acquisition intent of embezzlement on the part of the Defendants, as it is merely a use of H’s funds before I sought management right.

B. As to the ancillary facts charged, the instant project did not run entirely for 10 years, and around October 2009, the bankruptcy case against the O, a chain foundation, was under way.

However, even though the Defendants are well aware that it is unclear whether the instant project will be properly carried out, the Defendants established L to participate in the instant project, invested the H’s funds of KRW 300 million in L, or lent the funds for establishment. Thus, the Defendants’ act constitutes a breach of trust against H.

2. Judgment on the primary facts charged

A. The summary of the primary facts charged is that Defendant B’s representative director, Defendant A’s director, Defendant C’s managing director and auditor, who are the main purpose of the housing construction business; and Defendant C, who served as a managing director and auditor of H.

When the Defendants came to know that I would try to take over an enterprise which has been established in order to promote the downtown redevelopment project, the Defendants decided to transfer the management rights of J (the future change to H) to I. On October 18, 2008, Defendant A entered into a contract to transfer the management rights of J (the corporation business operator) to I only 30 million won at the Indud Accounting Corporation's office.

Then, the Defendants on March 2009.

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