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(영문) 대전지방법원 2016.11.11 2015고단2343
업무상횡령
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On a selective basis of the summary of the facts charged in the instant case

A. The Defendant is the actual operator of the Victim D Co., Ltd., Ltd., Ltd., with the Daejeon Daejeon Seo-gu, 204 or 302, who has overall control over the business and fund management of the said company.

On July 21, 2014, the Defendant arbitrarily consumed the amount of KRW 80,912,975,975, including KRW 30,912,475, on behalf of the Defendant, while receiving KRW 82,507,436, transportation expenses, such as E, F, G, H, and I, which transported freight of the said Victim Company, to a single bank passbook in the name of the said Victim Company, in accordance with the transportation service agreement with the said Victim Company.

Accordingly, the Defendant embezzled another’s property.

B. The Defendant is a person who, as an actual operator of the company D, with Daejeon Seo-gu Seoul Central District Co., Ltd. (204 and 302), has overall control over the business and fund management of the company.

On July 21, 2014, the Defendant, at the foregoing D office, transferred the amount of KRW 11,548,304, in accordance with the transport service agreement with the above D company, to a single bank bank under the name of the above company, and voluntarily consumed the amount of KRW 12,768,60, totaling KRW 54,60, totaling KRW 54,688, and KRW 5460,68, and KRW 22 on July 22, 2012 of the victim E transportation cost, KRW 9,037,00,000, KRW 8,7774,392, the victim G transportation cost, KRW 12,32,32, and the victim H transportation cost, KRW 12,32,32,232, and KRW 12,768,00 for the above victims.

Accordingly, the Defendant embezzled another’s property.

2. Of the facts charged alternatively, A.

Judgment on paragraph

A. By July 11, 2014, the Defendant deposited KRW 383,50,000 to the Defendant’s financial account in the name of his wifeJ, K, and L. By May 6, 2014, the Defendant deposited KRW 60,80,476 from the J financial account to the expense of the Victim Company. As such, the Defendant deposited KRW 444,30,476 against the Victim Company (=383,50,000 + KRW 60,80,476).

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