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(영문) 서울중앙지방법원 2012.11.08 2011고단5687
횡령
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

The defendant in the factory room is the person who was the chairperson of the Cmate D Corporation.

On April 2007, the Defendant, at the office of the CFF complex in Sinsi-si, Sinsi-si, G, H, I, and J, with F’s family and branch members, sold in lots, and entered into a contract for sale in the name of G, H, I, and J with F’s family. On March 27, 2007, on April 25, 2007, a total of KRW 130 million was transferred as the account for the contract for sale in lots.

On September 24, 2007, the Defendant accepted the debt of the said C corporation with K Co., Ltd. and sold the said C Co., Ltd. on the condition that 1.2 billion won should be separately received. In lieu of giving up the right to sell, the pre-sale agreement was to receive the said C Co., Ltd. from the said K Co., Ltd.

Therefore, on September 24, 2007, the Defendant entrusted the Defendant with the payment of KRW 110 million to G, H, I, and J, the nominal owner of the above F’s sales contract in question, G, H, I, and J, and received remittance from the Defendant to the national bank account in the name of L’s management.

As above, while the Defendant requested F to pay the agreed amount for the waiver of the sales contract, and kept it for the said victim, the Defendant voluntarily consumed it for private purposes such as personal debt repayment, etc. at that time, and embezzled it.

According to each contract for real estate sales and purchase, request for payment, receipt, each copy of each remittance receipt (the page 3, 37, 65, 67, and 68 pages) attached to the letter of accusation, copy of each agreement prohibiting agreement attached to the letter of accusation, and each copy of each agreement (the page 4, 4, 11, 15, 19, 23, and 27 pages) attached to the letter of accusation, Cart D Co., Ltd. (hereinafter referred to as “C”) entered into a contract with the C Co., Ltd. (hereinafter referred to as “K”) to sell any flower complex created in the C Co., Ltd. (hereinafter referred to as “K”), and F Co., Ltd. to sell the said flower complex by borrowing the name of G, etc. prior to the execution of the above contract, instead of giving up its right to sell.

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