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(영문) 서울동부지방법원 2014.07.03 2013고단3200
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

1. On March 14, 2011, the Defendant received the delegation from the victim FF from the E-at-law office located in Seocho-gu Seoul Metropolitan Government, and embezzled the case for the victim by using KRW 300 million in return for the cancellation of the complaint from G in return for the cancellation of the complaint, and then arbitrarily used the Defendant’s stock investment, etc. during his/her business custody for the victim.

2. On February 21, 2011, the Defendant, at the H attorney-at-law office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, entrusted by the victim F to collect the office lease deposit of the said H from the victim F, and embezzled the office lease deposit amount of KRW 25 million from the lessor I on behalf of the victim for his/her personal use during his/her occupational storage.

2. According to the evidence adopted and examined by this court, the defendant tried to acquire a KOSDAQ-listed company by raising funds through G with J attorney-at-law and H attorney-at-law, and the victim agreed to lend the prepared funds to the defendant, etc. ② The defendant entered into the loan agreement with the above G on June 16, 2009 with the above G on June 16, 2009, ③ the victim entered into a joint and several loan agreement with the K in charge of the payment of KRW 2 billion to the K in charge on June 22, 2009. The defendant jointly and severally guaranteed the above monetary loan agreement, ④ the victim transferred KRW 950 million to H in accordance with the above monetary loan agreement with the defendant's designated attorney-at-law on June 22, 2009, five hundred and seventy billion won in advance, and the victim urged the defendant to pay the promissory note of KRW 95 billion on June 22, 2009.

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