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(영문) 서울동부지방법원 2012.11.29 2012고정1900
횡령
Text

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

Reasons

1. On January 20, 2010, the Defendant: (a) around January 20, 2010, when the victim produced the pictures between the victim D and E and installed them in E-style buildings; (b) concluded a contract for installing art food production with the content of paying KRW 25 million from E to the victim for the cost of manufacturing and installing art food products.

On June 4, 2011, the Defendant: (a) received the victim’s art decorations from the victim’s art decorations; (b) installed the victim’s art decorations in E-style; and (c) around June 10, 201, transferred the cost for the production and installation of the victim’s art decorations to the agricultural bank account (Account Number: G) in the name of the Defendant’s father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’

2. Determination

A. As to the above facts charged, the Defendant did not act as a broker for a contract for the installation of art decorations products between D and E (hereinafter “E”), but rather entered into a contract for the purchase of art decorations products with D as a party to the contract, and the contract for the installation of art decorations products with E, respectively. Therefore, the money received by the Defendant from E is paid to the Defendant as the price for the contract for the installation of art decorations products, and thus, the crime of embezzlement is not established.

B. On the other hand, there is a suspect interrogation protocol against the defendant to the effect that he/she arranged the contract between D and D with the "Contract for Production and Installation of Art Food" with the seal affixed to D as evidence corresponding to the above facts charged.

However, the above contract for installing art decorations food is not only D but also D’s name and seal of the research institute of “H” operated by the Defendant, and the E’s employee I who signed the contract for installing art decorations food with the Defendant also concluded the contract for installing art decorations food with the Defendant in the instant court.

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