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(영문) 수원지방법원 2011.06.30 2011고합22
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

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

Reasons

1. The summary of the facts charged is that the Defendant, from around 1994, is a representative director of C Co., Ltd. and actually operates D Co., Ltd., E Co., Ltd and F Co., Ltd., including C Co., Ltd.

On December 2006, the Defendant, while operating C Co., Ltd and its affiliates, paid the trading price to many business partners such as electrical equipment suppliers, etc., and, at the same time, received the difference between the actual transaction price and the actual transaction price, or raised funds by making the processed transaction with the business partners and embezzled.

On December 22, 2006, the Defendant, at the office of Suwon-si, Suwon-si, Co., Ltd., Ltd., the supplier company of electrical equipment and materials, raised the amount of KRW 30 million, which is the difference between the construction cost excessively appropriated from H and the actual transaction price, through the Agricultural Cooperative Account in the name of the employee I managed by the Defendant. On February 2007, the Defendant embezzled it by arbitrarily using it for personal purposes, such as the election fund of the president of the JA, the president of the JA.

In addition, from December 22, 2006 to February 12, 2010, the Defendant received returns from each business partner through a borrowed account managed by the Defendant and embezzled them for a non-financial purpose, such as the above election fund, at least 45 times in total as shown in the list of crimes in the attached Table of Crimes. In addition, the Defendant embezzled them for personal purposes, such as the above election fund.

2. The Defendant and his defense counsel’s assertion that the Defendant withdrawn and used the funds created as shown in the annexed list of crimes for the company, and the borrowed name account created with the above funds included the Defendant’s personal funds as well as the Defendant’s personal funds, so there was no intent to obtain unlawful profits for the Defendant.

3. Determination

A. According to the records of recognition, the following facts are recognized.

(1) The Defendant establishes K as a personal business around April 7, 1982.

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