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(영문) 의정부지방법원 고양지원 2012.12.07 2012고합167
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant: (a) managed the construction site of the Seodaemun-gu Seoul Western Construction Corporation for the New Construction of the E church and the Construction site of the “New Construction of the I Long-Term Care Hospital” on the 12th parcel of land, which was supplied by the victim C Co., Ltd. from the E church of the Foundation for Maintenance of D; and (b) was engaged in the storage, management, and execution of the payment received from the victim Co., Ltd. to use the part of the progress payment received by the victim Co., Ltd. for construction expenses for the construction site.

1. On May 17, 2007, the Defendant received 260,000,000 won from the bank account in the name of the victim company that was managed by the Defendant for the use of the expenses for the construction from the victim company at the site of the new construction of the above EM church, and received 75,000,000 won on September 21, 2007, respectively.

The Defendant transferred the above money to the J on May 28, 200,000 on behalf of the victim company on the part of the Defendant, without connection with the above Corporation, and used the money for personal purposes.

In addition, the Defendant, from around that time to September 21, 2007, embezzled total of KRW 60,070,000 for personal use as shown in the attached Table (1).

2. On May 23, 2007, the Defendant received KRW 1,054,54,545,454 from the bank account in the name of the victim company that was managed by the Defendant for the use of the construction expenses from the victim company at the site of the construction site of the construction site of the above I Hospital, and KRW 1,157,928,000 on June 25, 2007, KRW 30,000 on August 14, 2007, KRW 80,000 on August 21, 2007, and KRW 10,000 on August 22, 2007, respectively.

On June 22, 2007, while the defendant has been in custody for a victim company, he shall lend the above money to the Dong L of the defendant who has used the deposit account in the name of K, a female student, in the name of the defendant.

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