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(영문) 수원지방법원 2020.09.23 2019고단7271

업무상횡령

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Defendants shall be punished by imprisonment for ten months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants operate the FF Co., Ltd. (hereinafter referred to as “F”) with C at the permissible time, and C is a person who has been engaged in F’s work after having agreed with C to attract external investments to make a clerical error. Defendant A is a person who has been engaged in F’s work management and construction-related work, etc., and Defendant B is a person who has been engaged in F’s work after having agreed to take charge of F’s work feasibility review and finance

The Defendants, against C Co., Ltd. (hereinafter “G”), induced investment in the heat supply and electricity generation business using new and renewable energy that FF was seeking to proceed in Pyeongtaek-si H complex. On January 25, 2017, upon receiving KRW 220,00,00 from G to the I bank account in the name of F under the name of F as the investment money necessary for the authorization and permission of the said business, the Defendants, using the fact that the Defendants were in charge of F’s business and managed the passbook and had the authority on the service contract, etc., pretended to transfer the said investment money to an external service company to use it as service costs, and conspired to use it for each individual purpose.

According to the above public offering, the Defendants transferred KRW 200,000,000, which was in custody in the F’s account on February 1, 2017, to an enterprise bank account under the name of J (hereinafter “J”) Co., Ltd. (hereinafter “J”), and used the same day’s environment-related business for each individual’s personal purpose after having returned KRW 194,70,000 from J to the K Bank account under the name of Defendant A, under the pretext of F’s intent to perform its business.

As a result, the Defendants conspired and embezzled money in custody for the victim F.

Summary of Evidence

1. Defendant A’s legal statement, witness A, witness C, and witness L’s each legal statement on each of the legal statements of Defendant B concerning the Defendants, each prosecutorial investigation protocol C, each of the police statements of the Defendants, each of the documents submitted by the suspect A to the suspect, the card transaction statement, and the Habs.