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(영문) 대전지방법원 천안지원 2018.02.21 2017고합161
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Defendant B is the auditor of K Co., Ltd. (hereinafter “K”) located in the Nam-gu, Nam-gu, Nam-gu, Seoul. Defendant A is the internal director of K, and Defendant A is the actual manager of K, and L, M, and N entered into a trust agreement with the Defendants in the name of the Defendants, and is 21,200 square meters of land (hereinafter “P land”) such as the Northern-gu, Seo-gu, Seo-gu, Seo-gu, and for individual land constituting the P land, the registration of transfer of ownership on or around August 13, 2010 is made.

A. The Defendants in occupational breach of trust have the right and duty to perform their duties as a good manager with K operators, and there was occupational duties to prevent the victims from incurring property damage and to faithfully perform their duties in good faith with the care of a good manager.

Nevertheless, the Defendants entered into a trust agreement with L, M, N (hereinafter “L, etc.”) on part of the P land owned by the victim K, and completed the registration of ownership transfer under their names, and disbursed KRW 326,089,730,00,000, such as the registration tax and the fees for certified judicial scrivener, to the funds owned by the victim, including KRW 80,000,000,000 from Q from Q. On August 13, 2010, as security for the above KRW 800,00,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,0000,000,000).

As a result, the Defendants conspired in violation of their duties, thereby causing property damage equivalent to KRW 326,089,730 to the victim company.

B. The Defendants’ occupational embezzlement is the P land.

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