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(영문) 인천지방법원 2019.02.13 2017고단8851

업무상횡령등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On September 2, 2016, the Defendant was sentenced to a suspended sentence of two years on September 5, 2017 by the Incheon District Court for six months of imprisonment for occupational embezzlement, and the said judgment became final and conclusive on September 5, 2017.

The defendant is the chairperson of the victim B in charge of the technical development, business and fund management of the company (hereinafter referred to as the "B") with the purpose of recycling wastes, such as waste incineration materials, and manufacturing and selling 3D-frraw machinery products. A.

On September 20, 2016, the Defendant, at the office B located in Yeonsu-gu Incheon Metropolitan City, received KRW 2 million from the adviser D on October 7, 2016, by transfer, etc., of KRW 10 million, KRW 3 million on October 1, 2016, KRW 3 million on November 10, 2016, KRW 3 million on March 2, 2017, and KRW 18 million on March 2, 2017, the Defendant used the victim’s funds to E (hereinafter referred to as E), a transaction partner, for his/her personal use at the City of Incheon.

B. On July 22, 2016, the Defendant, at the above B office, received the victim’s funds of KRW 20 million from D to the resource circulation specialized complex in the previous week, transferred the cost of design service of the factory machinery and equipment, etc., which was scheduled to be established in the resource circulation specialized complex in the previous week, and used it for his personal purpose in the city of Incheon at his own discretion.

C. On February 22, 2017, the Defendant, at the above B office, transferred KRW 5 million of the victim’s funds from D to the F Co., Ltd. which had technical skills necessary for the operation of the victim (hereinafter “F”), and used KRW 3 million of the funds in custody for his/her own personal purpose at the Incheon City daily rate.

2. "2018 Highest 4406".

A. On December 31, 2015, the Defendant: (a) on December 31, 2015, the victim H was completed from the Yeonsu-gu Incheon Metropolitan City Building C building G to “the technology using I materials instead of Aluminium on the heat board.”

The date of commercialization and profit within 2,000 won.