beta
(영문) 춘천지방법원 2020.01.21 2019고정165

업무상횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From around 2013, the Defendant has operated the Victim C (hereinafter “victim”) in collaboration with D and E (hereinafter “Defendant 30%, D30%, E30%, F10%, D40%, D’s denial of ownership, G20%, E30%, and F10%. After January 2016, H acquired E’s shares, around which January 2016, and thereafter registered as the representative director, and thereafter jointly operated the company as seen above, and around November 2016, the Defendant was in charge of managing the company’s funds, etc.

1. Around November 2016, the Defendant offered to H that “I will lend the company funds to H as a security deposit and receive operating profits” with respect to the payment of corporate bonds, and the Defendant and H loaned the victim’s funds of KRW 16 million to the said I.

On November 15, 2017, the Defendant transferred KRW 10,949,010 to K account (L) under the name of the Defendant from the J, the said I, to the Defendant, for the repayment of the said borrowed money, and kept it for the victim company, and then embezzled by arbitrarily withdrawing KRW 2,304,30 under the name of the Defendant’s living expenses, etc. at Chuncheon City, etc. around that time, as shown in attached Table 1.

2. From January 5, 2016 to October 14, 2017, the Defendant: (a) received KRW 46,291,290 in the name of the transaction price in relation to the supply of goods from Ma who is the business partner of the victim company from the transaction partner of the victim company to the above account under the name of the Defendant; and (b) has been kept for the victim company for the victim company; and (c) at around that time, 34,179,70 won in the name of the Defendant’s living cost, etc. in Chuncheon City, etc., as shown in attached Table 2.