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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
An application filed by an applicant for compensation shall be dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative of Russia Co., Ltd. I (hereinafter “I”), is operating a real estate development project in the fiveth floor of the Gangnam-gu Seoul J building, entered into a contract with the Defendant to acquire a L with the victim, who owns a site of 30,992 square meters in the Russia (hereinafter “L acquisition business”), and then carries out a new apartment construction project (hereinafter “L acquisition”), on January 21, 2008, by taking over the land of 30,000 square meters in the 5th floor of the Gangnam-gu Seoul J building from the Defendant and D respectively, and received from the victim KRW 1.8 billion on the same day, and around January 31, 2008, a total of KRW 2.1 billion in the account in the name of I.
While the Defendant kept 2.1 billion won of the investment money received as above for the victim, the Defendant embezzled it by arbitrarily using it from March 2008 to May 2008 for other businesses, such as the acquisition of Masa, which the Defendant continued in Russia.
2. The assertion and judgment
A. The summary of the defendant's and defense counsel's assertion is that the defendant used the investment funds received from D in MM acquisition business or O business after obtaining D's consent through N, which does not constitute embezzlement.
B. Determination 1) According to the Defendant’s legal statement, written contract (M related), 2, and 3 project funds execution details, the Defendant entered into a contract with D on January 21, 2008, and paid investment amount of KRW 2.1 billion from D. However, it was intended to acquire a company, which is a M&A business that owns a site in R&A, as in the case of L&A business that is another business within the Defendant’s company at the time of acquisition of L&A, as in the case of R&A business that is located within the Defendant’s company at the time of acquisition of L&A, a company that is a M&A business that owns a site in R&A (No. 81 of title 2; hereinafter the same shall apply) and newly built an apartment on the site (No. 88 of title 2).