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(영문) 부산지방법원 2018.07.05 2018고단18

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From May 9, 2011, the Defendant serves as the representative director of the Victim D Co., Ltd. (hereinafter “victim”) established for the purpose of the Busan Jin-gu B building or the entrusted meal service business in subparagraph c, etc. from May 9, 201.

On or before February 4, 2014, the Defendant, as a subordinate employee of the victim E (hereinafter “victim”), performed only the tasks directed by the victim, but thereafter, took full charge of all the tasks of the company, such as independently determining the execution of funds.

[Reference Facts]

1. The Defendant and the victim related to the Defendant came to become a dietitian of F Company F, which is a entrusted meal service company, and became aware of the victim, who is the representative director of G, a management company of F’s cooking workforce, and was employed as a staff of G.

Since around 2005, the victim closed down G and moved the workplace to the vice president of H, Inc., the entrusted meal service company, the defendant employed as a dietitian of H and continued to maintain the relationship between the victim and his superior and his subordinate employees.

2. On March 201, 201, the victim of the time of the establishment of the victimized Company: (a) retired from H on or around March 201, when H applied for rehabilitation due to the business shortage; and (b) decided to newly establish a company in which the victim owns the entire shares after receiving a proposal from F to request management of cooking workforce again; (c) but, as a result, it was practically difficult to conduct financial transactions in the name of the victim due to bad credit holders, the victim decided to establish the company on the ground that the Defendant

According to the above plan, the victim requested the defendant to lend 30,000,000 won necessary for the payment of capital to the victim on the condition that the injured party acts as the representative director in the name of the shareholder for the 1,800 shares (60% shares) of the company, which is the actual owner, and after the incorporation of the company, the injured party shall be paid out by the representative director in the name of the company. On May 9, 201, the amount of capital exceeds 30,000,000 won.