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(영문) 부산지방법원 2015.10.15 2014고단9025

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to a suspended sentence of one year and six months, which was sentenced to a violation of the Labor Standards Act by the Busan District Court, and the said judgment became final and conclusive on September 7, 2013.

The Defendant is a person who executed and managed funds of C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) around 201, and substantially managed the Victim Co., Ltd.

1. On June 9, 201, the Defendant used 48,08,210 won, which is the remainder after deducting 15,611,790 won of the Defendant’s claim against the victim’s company from the victim’s account to the National Bank E account in the name of the Defendant, as the interest item of the Defendant’s loans, and transferred KRW 63,70,000 to the Defendant’s new bank account on June 13, 201, as the amount of KRW 48,08,210, which is the remainder after deducting the claim amount of KRW 15,61,790 for the Defendant’s company until the date of transfer from the victim’s account to the Defendant’s account, as the interest item of the Defendant’s loan; KRW 5,50,000 on June 13, 2011; KRW 500,000 on the same day; KRW 70,00 on the same date; KRW 30,014,60.7

Accordingly, from June 11, 201 to June 15, 2011, the Defendant embezzled the sum of KRW 37,721,241 owned by the victim company for business purposes.

2. A victim company of occupational embezzlement of KRW 3,720,479, the sum of funds owned by the victim company is KRW 50,000,000,000, out of KRW 70,319,410 of the construction cost of G Corporation owned by the victim company on July 1, 201, when it transferred from the victim company’s account to the National Bank E account in the name of the defendant to the victim company, it arbitrarily transfers KRW 25,50,000,000 to the account of its own community credit cooperatives during the course of its business custody for the victim company, and uses KRW 20,479, July 20, 201 as interest title of individual loans, and uses KRW 1,00,000,00 in its own account. < Amended by Act No. 10813, Jul. 1, 2011>

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