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(영문) 춘천지방법원 강릉지원 2013.06.05 2012고단865

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant has been engaged in the business of managing the funds of the said company as the representative director of the victim limited liability company D (hereinafter “D”) located in Gangseo-si from May 16, 2008 to February 26, 2012.

Around February 4, 2010, the Defendant used the amount of KRW 40 million for personal purposes from the Agricultural Cooperative Account in the name of E to G by lending the amount of KRW 40 million of the company’s funds from the account in the name of E to the account in the name of Defendant, Defendant E, Defendant’s children, and Defendant’s children F, etc., after receiving D’s revenue, such as patient referral fees and nursing fees, from the individual sick members and joint nursing members.

In addition, the Defendant embezzled a total of KRW 149,50,000 from around that time to January 20, 201 by consuming the total of KRW 149,50,000 in mind, as indicated in the List of Crimes 1.

The Defendant, “2012 Highest 902”, when operating D, worked as the management team leader from September 1, 201 to February 15, 2012, the Defendant did not pay KRW 2,250,000, the sum of KRW 1,500,000 to the retired workers H on January 1, 2012, and KRW 2,250,000,000 to the wages of February 2, 2012, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay wages, retirement allowances, etc. to 14 employees of the above company within 14 days from the date of retirement, as stated in the list of crimes in attached Form 2.

Summary of Evidence

"2012 Highest 865"

1. Statement of the defendant in the first protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to the prosecution of H and I;

1. "Detailed statement of transactions of self-paid deposits, inquiry of details of transactions after termination of each savings deposit, full certificates of each registered matter, details of deposit and withdrawal transactions, copies of passbooks, investigation reports (Confirmation of the fact of borrowing money fromG);

1. Statement of the defendant in the first protocol of trial;

1. Statement to J police officers;

1.Each petition, (oil)D.