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(영문) 서울동부지방법원 2015.01.21 2013고단3124
횡령
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. A. On July 14, 2011, the Defendant was entrusted with the collection of KRW 50,000,000 each of the claims against the victim C, the third obligor of the Seoul Central District Court 201TF and the “D Building 1,2, and 3rd Autonomous Management Council (hereinafter “the First Autonomous Committee”)” in the office of the 6th floor E of the Jongno-gu Seoul Metropolitan Government D D building, and the claim collection amounting to KRW 50,00,000,000, from the Seoul Central District Court 201T’s assignment order (hereinafter “C’s assignment order”).

around October 25, 2011, the Defendant collected KRW 50,000,00 from the First Self-Governing Committee in Jongno-gu Seoul Metropolitan D stores, and KRW 36,746,00 from December 22, 201 to February 1, 201, respectively, and stored for the victim, the Defendant returned KRW 25,00,000 to the victim on November 201, and did not return KRW 61,746,00.

Accordingly, the defendant embezzled the victim's property.

B. Around July 14, 2011, the Defendant was delegated to the victim G of Jongno-gu Seoul Metropolitan Government District Court 201TB to collect KRW 100 million claims against the First Autonomous Committee, the garnishee of the Seoul Central District Court 201TB 4645 claim attachment and assignment order (hereinafter “G’s assignment order”), and the Defendant was delegated to collect KRW 100 million claims against the First Autonomous Committee, the garnishee.

Around March 7, 2012, the Defendant filed a lawsuit for payment of the acquisition money with the Seoul Central District Court (201Da473759) and did not return it while receiving KRW 37,580,840 from the first Autonomous Committee and keeping it for the G.

Accordingly, the defendant embezzled the victim's property.

2. Determination

A. The victims asserted that in the case of the bill payment claim filed by the first autonomous committee against H and the Dispute Resolution E, the victim, etc. filed by the first autonomous committee against H and the Dispute Resolution Co., Ltd., “50 million won was paid in accordance with the C Assignment Order. The victims paid KRW 37,580,840 according to the G Assignment Order,” and the Defendant filed a complaint by embezzlement.

(1) The defendant.

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