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(영문) 광주지방법원 2017.01.12 2016고단2430
업무상횡령
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant, while pursuing the new construction project of multi-family housing in Gwangju North-gu, Gwangju Northern-gu, had the person who will jointly promote the project due to the lack of funds, entered into a joint project agreement with the (ju representative director H)G (H) G (H) on April 17, 2015. However, in addition, the Defendant, upon receiving 3 billion won from the victim JJ, who is the actual operator of I, invested 60% of the proceeds from the establishment of a corporation that jointly represents the Defendant and the victim as the joint representative of the above project, agreed to conduct the joint project on the condition that the victim and 40% of the proceeds are the Defendant.

On April 20, 2015, the Defendant: (a) received KRW 500 million from the “L certified judicial scrivener office located in Gwangju-gu, Gwangju-gu, as compensation for an amount equal to the termination of the contract with the former contractor (main representative director H) under the said agreement; (b) paid 400 million won to the G; and (c) the remainder 100 million won was remitted to M around April 21, 2015; and (d) embezzled for personal use as described in the list of crimes in the attached list of crimes, including remittance of KRW 1.1 million to M around April 21, 2015.

However, the Defendant asserts that, after receiving KRW 500 million from J as stated in the facts charged, the termination amount 500 million was reduced to KRW 400 million through negotiations with the former contractor (ju representative director H) G (H), and that the remainder 100 million was only repaid the liabilities, etc. incurred in the course of the instant project implementation.

Witness

In full view of M’s legal statement, details of transfer, and summary statement, the fact that the Defendant received KRW 500 million from J is recognized as part of the amount of investment in the joint business, such as the statement in the facts charged, first of all, to cover the cancellation upon termination of the prior contract.

B. After the defendant received 50 million won from J, the cancellation fee is reduced to 400 million won through consultation with the defendant and the G side.

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