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(영문) 서울중앙지방법원 2019.02.08 2017고단7435
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is as follows: C from January 1, 2016 to the same year operated by B.

4. Directors until April 14, 201, and from April 15, 2016;

7. up to 22. A person who has served as a representative director and has been engaged in the business of managing and operating funds of the above company;

1. On January 22, 2016, the Defendant: (a) transferred KRW 200,000 from the D Bank account under the name of C to the E Bank account in the name of the Defendant; (b) consumed 20,000 for personal use without connection with the border business; and (c) voluntarily withdrawn KRW 409,000,000 on a total of 16 occasions from that Si to July 7, 2016 as indicated in the list of crimes in the attached list of crimes.

2. Around January 2016, the Defendant, at the work office located in Yongsan-gu Seoul Metropolitan Government F, embezzled by refusing to return the corporate seal imprint and resident registration certificates of the foregoing corporation from B, who is a substantial operator of C, a corporate seal imprint, corporate identification card, list of shareholders, B, and their children, which were the above corporation’s corporate seal imprint and resident registration certificates, on or around July 22, 2016 while in the course of business custody, B requested B to notify the above corporation’s representative director dismissal and return the said corporation’s seal imprint, etc.

2. Summary of the defendant's assertion

A. The facts charged in the facts charged as stated in paragraph (1) of the judgment are the fact that the Defendant was transferred money from the Do bank account under the name of the Defendant to the E bank account under the name of the Defendant, as shown in the facts charged, or withdrawn money from the H bank account under the name of the instant company. However, all of the above money is not recognized as illegal acquisition because it was executed by the Defendant under the orders of the Do management owner B of the instant company, or used money related to I’s acquisition or funds for the operation of the instant company after the Defendant temporarily required to dispose of the provisional payment.

B. The Defendant indicated in the facts charged in paragraph (2) of the judgment, as indicated in the facts charged, is the instant company from B on July 22, 2016.

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