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(영문) 인천지방법원 2016.08.12 2015고단6673
횡령
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The summary of the facts charged is that the defendant, who is engaged in the aircraft-using business in Gyeyang-gu Incheon Metropolitan City, is a person who operates the aircraft-using business in Gyeyang-gu with the victim E and is interested in the business with the victim E. In the process of paying and purchasing the amount of KRW 200 million from the victim E'F on January 2008, the defendant is in charge of transporting the aircraft to the Republic of Korea.

A. A. Around November 2008, the Defendant was requested from the victim E to sell one of the above three-year private aircraft units owned by the Defendant, and around December 11, 2008, the Defendant entered into a consignment contract with the Plaintiff with the content that the said aircraft units would sell the said aircraft units in KRW 150 million at the D office in Gangseo-gu Seoul Metropolitan Government, Seoul, for the purpose of KRW 333, G 333, and paid KRW 50,000 in advance of the same day. By December 24, 2009, the Defendant entered into a contract with the victim E to sell the said aircraft units in advance, and pay KRW 100,000,000,000 for the remainder after selling the said aircraft units.

Nevertheless, on July 19, 2011, the Defendant disposed of the said aircraft in Bluu L, which was KRW 190,000,000,000, but did not deliver the remainder of KRW 100,000,000 to the victim, and embezzled the said aircraft by arbitrarily consuming it for the company’s operating fund and personal use.

B. On December 30, 2008, the Defendant entered into a consignment contract with the content that he would sell it at a reasonable price when the Defendant was requested from the victim E to sell the 1start skiing unit equivalent to KRW 20 million at the market price and the 15 million unit at the market price.

Nevertheless, even though the Defendant, around that time, disposed of the above Moter Skis and the above Moter, he did not deliver the price to the victim, but arbitrarily consumed the company's operating fund, personal use, etc. and embezzled it.

2. Determination

A. As to the above facts charged, the Defendant, and the aircraft, from the damaged party, KRW 50 million.

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