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(영문) 서울중앙지방법원 2014.04.30 2013고단6622

업무상횡령

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 of the final judgment.

Reasons

Punishment of the crime

Around August 30, 200, the Defendant entered the LABS E and served as E from July 1, 2009, and worked as F from April 1, 201 to October 31, 201, and was in charge of performance planning, DV production, DV production, DOS production, and entertainment-related supplementary product production.

In addition, around December 11, 2008, the defendant, along with G, established the Institute of Dispute Resolution, appointed the defendant's representative I as the representative director of the Institute of Dispute Resolution and actually operated the Institute of Dispute Resolution. On March 26, 2009, the defendant established the Institute of Dispute Resolution and operated it substantially.

1. On December 18, 2009, the Defendant, in collusion with I, the representative director of the victim H, who is the victim K in Yangcheon-gu Seoul Metropolitan Government, embezzled KRW 258,416,478, total amount of the victim’s funds from around three times in total from May 25, 2012 to around May 25, 201, under the presumption that L was the victim’s mother L was registered only in the form of the victim’s audit, and that L was actually engaged in his/her business as the auditor, even though L was not actually engaged in his/her business as the auditor.

2. On October 2010 to November 2011, the Defendant entered into a contract for supply and distribution of “M” books, calendars, etc. with the LABBS and the LABS LABS and the LABB. Accordingly, the victim ordered the LABS to the LABB, and the Defendant, who is a substantial operator, should not cause damage to the victim company by fulfilling his duty of due care and good faith when ordering the service.