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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is from March 2006 to April 24, 2015, as the representative director of the victim FF corporation located in Gangseo-gu Busan Metropolitan Government, who is engaged in overall management of the above company’s funds and duties.
On October 5, 2007, the Defendant voluntarily consumed KRW 460,000,000 in total, up to 15 times, as shown in the list of crimes in the attached Table, from around June 13, 2014, when he/she kept the FF corporation’s funds in his/her business in Busan Bank Account (G) with the name of the company’s Busan Bank Account (G). On October 5, 2007, the Defendant withdrawn KRW 50,000 as the purchase price for land on October 5, 2007 and consumed it for his/her personal purpose.
Accordingly, the defendant embezzled the victim's property.
2. It is recognized that the Defendant withdraws and uses KRW 460 million from the deposit account of F Co., Ltd. (hereinafter “F”) from October 5, 2007 to June 13, 2014.
However, according to the evidence submitted by the defendant, the following circumstances are revealed.
F is a company that made an investment by the Defendant, H (the complainant in this case), and I, and J. At the time of its establishment. At the time of its establishment, the Defendant invested 10% of the entire shares, 50% of the H and 40% of the company’s shares, and J owned 10% of the Defendant, H, 50% of the company’s shares, and J 40% of the company’s shares (the shares owned by H were restored to its original original original status although there was any last change in the shares owned by H). The Defendant was the F’s representative director, while serving as the F, and H operated F together with F (the F’s director was 3, a female employee of the Defendant, H, and H, who was the representative director, but K did not actually participate in the company’s operation.
In addition, J seems to have invested 40% of the shares in the management of the company. The Defendant withdrawn KRW 460 million from F’s deposit account and used it for the establishment of the above company, such as the purchase of factory sites of the company called “L”. The complainant of this case is H.