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(영문) 서울중앙지방법원 2017.01.12 2016고단1787

업무상횡령

Text

Defendant

A Imprisonment with prison labor for one year and for two years, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Majority-related relationship] Defendant B was sentenced to one year of imprisonment for an occupational breach of trust by the Seoul High Court on September 12, 2008, and the said judgment was finalized on January 15, 2009. On June 24, 2016, Defendant B was sentenced to one year and six months of imprisonment for a violation of the Securities Transaction Act by the Seoul High Court on June 24, 2016, and the said judgment became final and conclusive on July 12, 2016.

[2] Defendant A is the representative director of the victim HH corporation established for the purpose of investor door business and investment-related forestry, etc., who has overall control over the personnel affairs and finance of the above company. Defendant B acquired the above company together with I and actually managed the above company's personnel affairs and finance as the president of the above company.

Defendant

B, as personal circumstances require money, Defendant A would be able to use and pay the money to Defendant A, and requested Defendant A to use the said company’s funds, and Defendant A conspired to embezzled the company’s funds by not taking any measures to recover funds, despite being the representative director of the said company.

1. On January 25, 2008, Defendant B, at the office of the company above the second floor of the J building in Gangnam-gu, Seoul, the director of the above company, made a short-term loan of KRW 400 million to K who is his own partner, without the consent of K and I, affixed the seal of the above company's board of directors at his own discretion, and Defendant A prepared a copy of the board of directors by means of affixing his own seal, and Defendant A kept a copy of the company's name by delivering KRW 400 million, which was withdrawn from the M account in the above company's name, on January 28, 2008, and then paid it toO as a personal bond repayment at the office of the corporation located in Gangnam-gu Seoul N, Seoul, and used it at his own discretion.

2. Defendant B prepared a copy of the board of directors of the above company that lends 200 million won to the above K in the same manner at the same place around January 30, 2008, and then on February 1, 2008, Defendant B is an accounting official around February 1, 2008.