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(영문) 수원지방법원 안양지원 2017.12.21 2017고단116
횡령
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A and Defendant B’s embezzlement are the chief director of H Co., Ltd. (hereinafter “H”), who is in charge of civil petition-related affairs at the first construction site, and Defendant B is a person who was delegated the negotiations related to the negotiations by the Chairman of the J Apartment 641 East Damage Countermeasures Council (hereinafter “641 East F&C”) at the Gunpo-si, Mapo-si (hereinafter “641 East F&C”).

While the Defendants sought the method of receiving personal collection expenses from H, the Defendants are bound to pay the amount of money from H to 641 only for the entire residents of the 641 Dong. As such, the Defendants were unable to pay the amount individually to each member of the 641 group, and were willing to receive the money from H as the development fund for the entire residents of the 641 group and embezzled it.

Pursuant to the foregoing Modern, on April 2015, the Defendants prepared two copies of the “agreement” stating that H will pay 30,000,000 won to the residents of the 641 Dong-dong, Y as the development fund, and Defendant B signed and sealed the 641 unit painting and the 641 unit seal built by Defendant B from Defendant C, Defendant A’s site manager M, and then divided the above agreement into one unit, and Defendant A submitted the above agreement to H to obtain approval so that the development fund can be paid.

In addition, on April 29, 2015, Defendant B submitted to H a copy of the passbook connected to the said account through Defendant A, which was 641,00,000 won as the development fund for the said account on April 30, 201, at the New Bank of Korea, located in 72, Manpo-si, Sinpo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-ro, 641.

Defendants continued to pay KRW 641,00,000 to the above account as above, 641.

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