beta
(영문) 서울서부지방법원 2015.11.04 2014고단2052

횡령등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. The victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) with embezzlement against the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) is a company that manufactures equipment and facilities with patents and technologies related to E, food, waste and purified sludge treatment facilities (hereinafter “E treatment facilities”).

On June 2012, the victim company was promoting the Agreement on the Establishment of E Disposal Facilities with Yangju-si. However, in the process, the defendant concluded a project business agreement with the content that attracting business strategies, the selection of investment institutions and investment funds for E disposal facilities, and the operation of E disposal facilities when the agreement with Yangju-si is concluded, and that the victim company would provide E disposal facilities supply and technical advice.

On July 2012, the victim company had the defendant use the position of director of the victim company, and had the defendant use the defendant's investment attraction activities by issuing one employee identification number under the name of the victim company. On the other hand, when the two countries and the agreement is concluded, the Seoul Seoul Office needs to be established. In order to raise the Seoul Office rent, purchase cost, etc., the victim company applied for the loan of 300 million won for the loan of corporate driving funds to NHC around August 31, 2012, and had the defendant keep the above 300 million won loan until the agreement with both countries is concluded.

While the Defendant kept loans on behalf of the victim company, as above, KRW 20 million around September 4, 2012, KRW 40 million around September 6, 2012, KRW 5 million around September 7, 2012, KRW 8 million around September 13, 2012, KRW 15,300,000 around September 17, 2012, KRW 10,000 around September 21, 2012, KRW 3 million around September 26, 2012, KRW 200,000 around October 25, 2012, KRW 200,000 around October 26, 2012, KRW 2000,000 around October 5, 2012, and withdrawal on September 21, 2014, respectively.