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(영문) 수원지방법원 성남지원 2014.05.01 2013고단3109
횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) around December 12, 2012, the summary of the facts charged is as follows: (b) the instant bus is called “the instant bus” between the victim D and the Defendant’s office at the Co., Ltd. Office in the Defendant’s management located in Gwangju-si, Gwangju-si; and

After concluding a sales contract with respect to a bus, around January 22, 2013, the victim received KRW 50 million as an intermediate payment, and KRW 64 million as an intermediate payment on or around January 30, 2013. Around January 30, 2013, the principal amount of KRW 91,371,648 as a direct payment with respect to the bus vehicles was kept by the victim as KRW 91,371,648 for the victim. On or around January 22, 2013, the above office embezzled the victim’s property by consuming KRW 15,00 as an intermediate payment for oil expenses at the above office and by consuming KRW 88,70,430 over 17 times in total as indicated in the list of crimes.

2. Determination

A. The following facts are acknowledged according to the evidence submitted by the prosecutor.

(1) The Defendant, as the representative director of C Co., Ltd. (hereinafter “C”) at the time and place indicated in the facts charged, sold the instant bus to the complainant managing the limited partnership company G.

As a result, the Defendant determined the total purchase price as KRW 140 million between the complainants. Of these, KRW 30 million shall be paid directly by the complainants to H, who is the land owner of the bus, and the remainder of KRW 114 million shall be paid to C. The Defendant agreed to register the transfer of ownership in the name of limited partnership G, after cancelling the collateral security obligation on the bus, which was paid by the complainants, with the remainder of KRW 114 million.

B. Doshe paid KRW 30 million to H on the date of the above contract, and received the above bus, and thereafter, he remitted the intermediate payment of KRW 50 million to the corporate account of the above C on January 22, 2013, and the remainder of KRW 60 million on January 30, 2013, respectively, to the Defendant on the same day.

Fidelity, however, the defendant is from the complainant.

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