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(영문) 제주지방법원 2016.06.15 2015고정772

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from November 3, 201 to May 7, 2014, worked as the representative director of the Victim E, a company that implements the creation and sale of Driart, which is a rural tourism resort, in Seopo-si and four lots outside Seopo-si, and took overall charge of all business affairs, including the management of corporation funds.

1. Occupational embezzlement;

A. On January 12, 2012, while the Defendant managed the funds of the victim at the victim company office located in the FF and six stories at Jeju City around January 12, 2012, the Defendant collected KRW 250 million from the victim’s deposit account deposited in the bank account in the name of the victim. On January 18, 2012, the Defendant deposited KRW 200 million into the financial investment account in the name of the Defendant and used it as the purchase price for shares.

B. On July 19, 2012, while the Defendant managed the funds of the victim at the above office, the Defendant was willing to use the funds of the victim for personal purposes, and withdrawn the amount of KRW 20 million from the account in the victim’s name without undergoing lawful procedures, such as approval by the board of directors, under the name of the victim’s temporary payment, and used them for personal purposes around that time.

(c)

On September 5, 2012, while the Defendant managed the funds of the victim at the above office, he was able to use the funds of the victim for personal purposes, and voluntarily withdrawn the amount of KRW 20 million from the account in the victim’s name without undergoing lawful procedures, such as approval of the board of directors, under the name of the board of directors, and then used it for personal purposes around that time.

2. The Defendant who interfered with his/her duties has purchased land G and H with the funds of the victim in order to create the above resort, but the land category becomes orchard and farmland and so the name of the victim cannot be registered under the name of the victim, depending on the circumstances that the Defendant and the victim have completed the registration name as the Defendant under an agreement, so the right to use the above land belongs to the victim.