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(영문) 서울중앙지방법원 2015.04.30 2014고정2601
업무상횡령
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of the Victim D Co., Ltd. (hereinafter “D”), took overall charge of the operation and fund management of the company.

On September 14, 2011, the Defendant personally borrowed KRW 30,000,000 from D’s office located in Gangnam-gu Seoul, the seat of director F, and deposited KRW 22,150,000 out of the above money into D’s office as the deposit by the representative director on September 16, 2011.

After that, on December 14, 201, the Defendant received KRW 50,000,00 as the down payment for pandeting events from the T&N network, and received KRW 50,000,00 as the down payment for D and kept in custody for D, the Defendant, as if he were to account as advance payment, and remitted KRW 35,00,000 to the Korean C&C account in the name of H, a borrowed account used by F, and had F repay KRW 25,00,000.

In this way, the defendant embezzled D's corporate funds of KRW 25,00,000.

2. According to the judgment and the evidence submitted by the prosecutor and the defense counsel, D was established on June 16, 2009 for the purpose of providing software advisory and development services. around August 2009, D entered into a license agreement with Nielsen Blu business, Inc. (hereinafter “Ni Media”), under which D used “her music publications” exclusively for the exclusive use of its brand, log, trademark, etc., and for the payment of royalties to Nison Media in return,

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