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(영문) 대구지방법원 2012.05.16 2011고합500
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged in the instant case is the representative director of the F Co., Ltd., Ltd., in Daegu-gu (hereinafter “F”), and Defendant B is the management director of the said company.

Defendant

B under the delegation by Defendant A of all the powers on the conclusion of contracts and the enforcement of funds, and entered into an agreement with Defendant A to sell and distribute profits equivalent to the difference after purchasing all of the machinery and accessory equipment inside the Agsan Factory located in Chungcheongnam-si, ASEAN (hereinafter “L”) with J (hereinafter “J”) (hereinafter “Agsan Factory”).

At the time of the above agreement, the sales contract for an Asan Factory is concluded in F’s name. At the time of the above agreement, the J agreed to bear 2.51 billion won out of total 3.63 billion won of the above Asan Factory purchase price, as well as to take charge of the sale of three alkinium voltages in the above factory (hereinafter “the instant pressurer”). F and H agreed to collect advance payment from a purchaser of scrap metal, etc., to raise the remainder of 1.11 billion won of the purchase price, and to sell the remaining machinery and scrap metal except for removal work and the pressurer of this case.

In addition, as above, the remaining profits from selling machinery, scrap metal, etc. are divided into 50% by F and H and 50% by J.

Pursuant to the above agreement, M and Defendant B, an agent of the said I, entered into a sales contract for Asan Factory, and paid the purchase price of KRW 3.63 billion by all by the above methods, and thereafter, the sale of the instant voltage machine M was delayed but the sale was delayed, Defendant A sold all of the instant voltages between October 22, 2010 and December 2, 2010, and sold all of the instant voltages from October 22, 2010 to December 10, 201.

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