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(영문) 수원지방법원 성남지원 2019.02.12 2018고정586
업무상횡령
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is as follows: (a) Defendant A, while operating D for the purpose of manufacturing hot water sets finished products in Sacheon City, supplied materials for manufacturing hot water sets from Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) and supplied them to the victim company; (b) Defendant B, while operating F for the purpose of manufacturing hot water boilers, was a person who manufactured and supplied the said boiler to the victim company.

The Defendants obtained a large number of outstanding claims from the victim company through the aforementioned transaction. On July 24, 2015, G, the representative of the victim company, was detained on the charge of violating the Food Sanitation Act, and led to the situation where the victim company could not receive the outstanding claims from the victim company. As such, the Defendants agreed that the outstanding claims should be appropriated for the payment of outstanding claims in lieu of the outstanding claims, which are kept in the warehouse of the victim company located in Scheon-si C between the above G and the victim company.

After that, from September 8, 2015 to September 9, 2015, the Defendants attempted to bring the finished product of a set in the instant victim company with other creditors to be appropriated for payment in kind in the warehouse. However, as the finished product stored in the said warehouse at the time was insufficient to appropriate for the repayment of the outstanding amount for the payment of the outstanding amount, the Defendants, without the consent of the victim company, made the goods owned by the victim company and the finished product of a set in the D warehouse operated by the Defendant Company, made it possible to appropriate for the payment of the outstanding amount for the outstanding amount to pay the outstanding amount.

Defendant

A As seen above, while keeping the On-the-counter finished and hot water sets owned by the victim company, A was in custody of the finished products and hot water sets, on September 2015, 8,836 bits 5,836 bits 8,836 trings owned by the victim company, and 3.

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