logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.04.07 2013고단6674
업무상횡령
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 D is as follows: (a) the F, a member of the victim E association, double selling the right to sell in lots to the land for livelihood countermeasures for the Gandong City; and (b) the debtor F and the third debtor, as the Gyeonggi City Corporation, was provisionally seized on the right to sell in lots; and (c) the victim E-association deposited KRW 50 million for the cancellation of the above provisional seizure on December 21, 2009.

On March 23, 2012, the Defendant received from the G office of the Dispute Resolution Co., Ltd. the amount deposited by the victim and the amount of interest of KRW 56,049,166 to the account in the name of the Dispute Resolution Co., Ltd. and used 40,209,166 out of the amount deposited for the victim's business for the victim. The Defendant arbitrarily used 40,209,166 out of the amount deposited for the settlement Resolution Co., Ltd. without the consent of the victim.

Accordingly, the defendant embezzled the victim's property while he has been in custody.

2. The defendant's assertion and defense counsel are asserted from the investigative agency to the court as follows:

(1) The Gyeonggi-do City Housing Site Development Project promoted a housing site development project in the Mine Site District, and supplied a residential countermeasure site to a person who satisfies certain requirements, such as former workers engaged in farming and livestock industry, within the development area, at the compensation level for living countermeasures. On the other hand, in order to be supplied with the above living countermeasure site, the subjects of supply were required to form an association. Therefore, the beneficiaries of supply who passed through around 2009 gather to form the E association and elected I as the head of the association.

(2) On October 29, 2009, the E Union shall deal with the payment and registration of the cost of living countermeasures to be supplied to the E Union by the Defendant with the representative director-general, and the payment and sale of the cost of living countermeasures to be provided by the E Union shall be decided by directly selecting the City Corporation and constructing and selling two commercial buildings (J and K commercial buildings) on the ground thereof, and in return, the E Union shall receive KRW 2.7 billion from the E Association.

arrow