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(영문) 부산지방법원 동부지원 2018.05.03 2017고단2660

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates a victim P Co., Ltd. (the current Q Co., Ltd.) corporation located in the Busan metropolitan registry as the head of the on-site overall headquarters of N, and the victim P Co., Ltd. (the current Q Co., Ltd.) in the Busan metropolitan registry.

The defendant knew that the construction of the above MM MM parking lot is subcontracted to the construction of the steel reinforced concrete in state (ju), and was aware of it in peace.

S provided that “If the steel reinforced concrete construction license is granted, it would be possible to receive a subcontract for the steel reinforced concrete construction works in the MM parking lot.”

On June 25, 2016, S leased a construction license from the victim (State), and entered into a contract with the victim (State) T (State) T (State) TR for the construction of the steel reinforced concrete construction project. The defendant was in charge of (State) T construction fund operation and accounting management at the above construction site. On July 31, 2016, the victim (State) T gave up the above construction project, thereby continuing the construction project by acquiring the victim P Co., Ltd.

1. The Defendant, in the course of occupational embezzlement of the method of receiving a refund of the difference by withdrawing the construction cost, paid the price to the construction material supplier or human resources supplier by the victim (ju), and then received the difference from the above company in cash or remitted it to the Defendant’s wife G or U account and received it from the Defendant’s wife to the Defendant’s personal use.

On July 31, 2016, the Defendant: (a) received construction materials from a construction site located in the Busan metropolitan area; (b) paid KRW 15,973,589 in installments after receiving them; and (c) returned KRW 4,288,90 in cash from U on the same day; and (d) was used for the personal purpose of the Defendant around that time while being kept in custody for the victim (ju), from that time until September 12, 2016, the Defendant received KRW 95,538,900 in total four times, such as the list of crimes (1) in attached Form 1, from that time until September 12, 2016.