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(영문) 부산지방법원 2014.04.11 2011고단9553 (1)

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fabrication of private documents dated August 26, 2009 and fabrication thereof.

Reasons

Punishment of the crime

1. The Defendant: (a) obtained the consent of D and E, the actual operator of the victim’s (former State)B (former State)C; (b) obtained the investment of KRW 890 million from F as a project proprietor; and (c) obtained the investment of KRW 890 million from F; and (d) promoted the completion of the construction works and the sale of the unbuilt building of Busan Dong-gu G.

On October 2, 2009, the Defendant, at the office of the victim of H building 201 in Busan City’s head office, received from D and E a new bank account in the name of the victim, and then embezzled KRW 89 million in cash on November 2, 2009 and embezzled KRW 10 million among them for personal use, such as the Defendant’s living expenses, from around April 4, 2010 to about 51 times in total as shown in the list of crimes, and embezzled KRW 84,023,610 in total for personal use, such as the Defendant’s living expenses.

2. As stated in paragraph 2, the Defendant: (a) made an investment of KRW 890 million from F to consume invested corporate funds for personal use; (b) made it short of funds; (c) made use of the proxy form of I held by the Defendant, corporate design; and (d) made use of the paper for the sales contract to forge the sales contract, thereby making it available as security and making financing; (b) around May 24, 2010, the sales contract was issued in the office of Jtel in Ulsan-gun, Ulsan-gun, U.S., U.S., for the purpose of exercising its authority by stating that “15,168,000 won”, “in full payment on May 24, 2010; and (d) the seller’s column “I(State), Ulsan-gun, Ulsan Metropolitan City, Ulsan-do, A” and “I’t know that the sale contract was forged with the name of the seller, namely, its rights and duties.”