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(영문) 의정부지방법원 고양지원 2017.07.20 2015고단3306

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From November 3, 2010 to November 3, 2013, the Defendant held office as the representative director of the victim C, a real estate investment trust, and took overall charge of the victim’s business.

A. On November 5, 2010, at the victim’s office located in the 10th floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) had the victim’s employees E prepare a false estimate as if the victim paid service costs to F, G, H, I, J, and K; and (b) arbitrarily withdrawn KRW 27 million from the victim’s name SC bank account from the victim’s name, and used it for the purpose of debt repayment.

B. On April 11, 2011, the Defendant: (a) had the said I prepare a false estimate as if the victim paid H a consulting amounting to KRW 5,500,000 for the real estate in L at the time of selling the land to H; and (b) remitted KRW 5,50,000 from the SC bank account in the name of the victim to the H account managed by the Defendant; and (c) again remitted it to M as the Defendant’s debt repayment around April 12, 201.

(c)

On November 11, 2011, the Defendant: (a) had the said E prepare false documents as if the victim paid consulting fees to P Co., Ltd. (former “P”) operated by N; and (b) had the victim’s name SC bank account transfer KRW 48,234,208 to P Co., Ltd.

The Defendant returned 34.460,00 won in cash from the above N through E, and used it as debt repayment, etc. at the victim's parking lot.

On February 16, 2012, the Defendant continued to transfer KRW 38,50,00 to P Co., Ltd. by the same method, and then returned cash of KRW 31,50,000 from the above N through E to P Co., Ltd., and used it for debt repayment.

As a result, the Defendant embezzled the total amount of KRW 98,460,000 property of the victim while on duty.

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