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(영문) 대전지방법원 2013.08.22 2012고단4531
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 is the actual representative of the claim group consisting of 23 companies (including D operated by the Defendant) with claims against the debtor C Co., Ltd., who is engaged in the collection of claims and the management of funds of the claim group delegated by creditors E, etc. constituting the above claim group. The F is the representative in the name of the above claim group with the denial of the Defendant.

On August 4, 2008, the Defendant transferred the G Klaca car, which is a vehicle owned by the said C Co., Ltd., to the said F, paid KRW 538,020 with the funds of the said claim group.

On September 5, 2008, at the office of the defendant in Daejeon-gu, Daejeon-gu, the defendant sold the above test car to I, and deposited KRW 493,790 as a refund for the above insurance premium paid to I, and was in the custody of the above bond group for the above credit, the defendant used the money as operating expenses of D operated by the defendant around that time.

B. On June 30, 2009, the Defendant, at the K Attorney-at-law office located in the Seo-gu Daejeon Daejeon District Court, embezzled KRW 11,570,00 on the basis of the filing fee and public charges when filing an application for provisional disposition prohibiting the disposal of the right to collateral security against M, N,O, and P, which are established on the land and building owned by the said L in the name of creditor F, on the ground that the Defendant’s claim for revocation of speculative act, which was filed by the said C, based on the claim owned by the said C, was a preserved right against the L who operated the said C on his own.

C. The Defendant, at the above office around January 26, 2010, kept the amount of the claim recovered from the above C Co., Ltd. for the above claim group on the ground of M, N,O, and P on the ground of the Defendant’s personal claim against the L Co., Ltd. operating the above C Co., Ltd.

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