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(영문) 대구지방법원 2017.11.22 2016고정1005
횡령
Text

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

Reasons

1. Around October 23, 2014, the Defendant: (a) received a request from the victim D to lend the main operating expenses; and (b) introduced E from the liquor company he/she was going to the victim; (c) the victim borrowed KRW 20 million from E; and (d) the Defendant agreed to transfer the funds to the Defendant’s mother’s account.

The Defendant received KRW 20 million from the injured party from February 6, 2015 to August 31, 2015 the aforementioned borrowed money from the injured party and embezzled the money without using it for repayment of borrowed money to E at around that time, and instead using it as a liquor price.

2. The facts charged in the instant case are that the Defendant arbitrarily used the victim’s repayment of debt to the victim E as the liquor price, and embezzled it.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is not sufficient to recognize the intent of embezzlement against the Defendant, and there is no other evidence to acknowledge it.

1. The Defendant is the business employee of F. G (former H) is the actual operator of F. E is the former operator of F. E is the former operator of F. The latter is the accounting officer of G’s wife interest F.

Victim D is a person who receives alcoholic beverages from F while operating the main point of “J”.

② On October 23, 2014, E lent 20 million won to the victim, who is a customer of F, as a person without interest, to prepare a fair deed, and received money from F.

The defendant assigned the account under the name of the parent K to I (see the witness I's legal statement, the evidence No. 9, the record) and played a role in collecting loans and liquor from the victim.

The victim deposited KRW 20 million as a deposit in the account in the name of K, other than the account in the name of E.

③ F and L L L L L L L L 20,000 won for the injured party’s liquor payment obligation to F on January 27, 2015.

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