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(영문) 서울중앙지방법원 2014.11.27 2014고합419
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the instant criminal facts is that the Defendant is the representative director of I Co., Ltd. (hereinafter “I”) who is a company specializing in the structural construction of the building located in Gangnam-gu Seoul H building 201, Gangnam-gu, Seoul, and is in overall charge of the said company’s funds and property management.

The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) entered into a contract with K and I, the representative director of the victim J Co. (hereinafter “J”) to sell and sell to the victim the temporary materials possessed in 20 or more construction sites across the country, but without real delivery of such temporary materials, to lease and use the said materials from the victim. From May 6, 2010 to June 8, 2010 according to the above contract, the Defendant was paid KRW 280,000,000 from the victim to the victim.

As above, while the Defendant leased and used materials owned by the victim at the construction site and stored them for the victim, on December 31, 201, the Defendant returned the leased temporary materials to the victim, despite the completion of construction works involving 20 or more construction sites nationwide, on the ground that there are no remaining temporary materials in the construction site, the Defendant refused to return only the temporary materials equivalent to KRW 1,196,298,650 (including the destroyed portion) and to return them to the temporary materials equivalent to KRW 809,954,950.

Accordingly, the defendant refused to return the property owned by the victim without any justifiable reason and embezzled it.

B. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was operated by the Defendant, from around 2009 to around 3.435 million won in operating income, to KRW 71 million in around 2010. The debt ratio also increased from around 395.19% in around 2009 to 50.85% in around 2010, and there has been a serious financial crisis from around 2010, and from around June 30, 201, value-added tax to be collected and paid from the person who received the goods or services.

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