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(영문) 대전지방법원 공주지원 2018.05.15 2017고단480
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the victim who is the representative of the C clan (hereinafter “victim clan”) and is in charge of the general affairs of the damaged clan.

On April 29, 2009, the Defendant decided to construct solar power plants in the Ethical Ethic Ethic Ethic Ethic E (11,007 square meters) which is owned by the victimized clan through a clan meeting, and was delegated by the victimized clan with the work of constructing solar power plants and using profits.

Around September 2012, the Defendant received KRW 269,090 from the Korea Military Power Co., Ltd. to the Agricultural Cooperative (F) account under the name of the Defendant. Around that time, the Defendant used KRW 70,000 as management expenses for electrical construction works related to solar power plants and used KRW 199,090 remaining for personal purposes for the same clans damage.

Accordingly, the Defendant used 80,155,240 won in total, including the transfer of 64 times from the proceeds of solar power plants to the G, a defendant, at his own discretion, to use the damaged clan property for his personal purpose, from the time of the above-mentioned method to December 2, 2017.

2. Determination of embezzlement is a crime punishing a person who keeps another’s property to embezzled such property. Therefore, in order to constitute embezzlement, the property subject to embezzlement is required to be owned by another person.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant cannot be deemed as a third party’s property of solar power plants received by him/her, and the Defendant had the intent of embezzlement when he/she consumes the same.

It is also difficult to see it.

(1) Application for an electricity business license, conclusion of a contract, with respect to the construction of solar power plants.

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