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(영문) 서울서부지방법원 2014.08.07 2013고단3422

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Since February 14, 2000, the Defendant worked as the representative director of D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) who is the victim, together with overall affairs such as the management of related funds, such as the unclaimed construction of the victim Co., Ltd., and since September 20, 199, E who served as the representative director of the victim Co., Ltd. as the representative director of the victim Co., Ltd. has

On September 30, 2009, the Defendant and E obtained a loan of KRW 300 million from the name of the victim company (hereinafter “instant loan”) from our bank under the credit guarantee from the Korea Credit Guarantee Fund (the guarantee amount of KRW 300 million, the guarantee term of KRW 300 million, September 29, 2010), and set up F and G as a joint guarantor for the above loan obligation. On September 29, 2010, the above credit guarantee term was extended to September 28, 2012, and the joint guarantor was changed to H and I.

The Defendant and E, in the form of expenditure of the instant loan in the construction site, etc., gathered to return the amount equivalent to KRW 300 million to the corporate bank account in the name of the victim company managed by E and used for the Defendant’s personal debt repayment, etc.

Around September 30, 2009, the Defendant and E received KRW 300,000,000 from the Sungdong-gu branch of the Sungdong-gu Seoul Bank to the bank account in the name of the victim management by the Defendant and kept in business for the victim company under the name of the victim. On October 1, 2009, the Defendant and E received KRW 90,000,000 from the bank account in the name of the victim bank in the name of the victim bank managed by E to the national bank account in the name of the defendant, and transferred KRW 30,000,000 to the national bank account in the name of the defendant's wife, and KRW 460,000,000 from that date to the new bank account in the name of J, and received KRW 240,000,000 in total from January 18, 2010 to the Defendant's personal debt consumption, etc.