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(영문) 수원지방법원 2014.02.05 2012고정3332
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who is in office as the 7th grade guard of the Suwon District Court’s Ansan Branch. The victim C invested in the lending company called “E” of the Defendant’s wife, and investors including the victim failed to recover the principal and interest on the part of the non-performing loans from around 2010 and did not pay profits to the investors. As a result, the investors, including the victim, failed to pay profits to the investors. Accordingly, the Defendant proposed that the Defendant would be entrusted with the debt collection business of the lending company, and the Defendant accepted this.

Accordingly, from March 2010 to November 201, the Defendant appears to have written indictment “as of November 201,” “as of November 201,” the Defendant appears to be a clerical error in the indictment.

The office of "E" located on the 3th floor of G building G in Suwon-si, Suwon-si, has been delegated with the collection and management of claims, payment of principal, etc.

around April 9, 2010, the Defendant received KRW 1.9 million from the Defendant’s obligor H to the agricultural bank account in the Defendant’s wife’s name as interest at the above “E” loan office, and transferred KRW 51,900,000 from November 11, 201 to November 34, 201, and the Defendant appears to have written indictment against the victim in writing as written in the Defendant’s judgment by the Defendant’s obligor for damages.

(No. 172 of the Investigation Records). From May 31, 2010 to interest, 4.5 million won was transferred to a new bank account in the name of the Defendant, and 56,400,000 won was transferred in total, on two occasions, including KRW 3 million and KRW 1.5 million on September 16, 2010 to the new bank account in the name of the Defendant.

The Defendant, while engaging in the said claims collection business, appears to be a clerical error in the amount of KRW 1,00,000,000 around May 31, 2010, KRW 1250,000 around June 1, 2010, KRW 2,000,000 around June 10, 2010, KRW 3,000,000 around June 30, 2010, KRW 4 million around August 20, 2010, and KRW 4,80,000 as indicated in the written indictment around November 8, 2010, “4,80,000” appears to be a clerical error in the “4,80,000 won” as stated in the instant indictment.

(The sum of 11,730,000 won shall be remitted over six occasions, including (62 pages).

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