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(영문) 대전지방법원 천안지원 2013.04.11 2012고단1704

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

From around 1999, the Defendant, along with the Victim C and Victim D, agreed to operate a semiconductor gold-type equipment manufacturing company in the name of “F” located in Boan City E, and distribute profits equally. The above company became a business registration in the future of the Defendant, thereby managing funds necessary for the operation of the company through the national bank account, etc. in the name of the Defendant.

As above, while the Defendant was in charge of the business and fund management of the company, the Defendant agreed to purchase the victims and I's factory extension site and prepared a joint fund in the name of the F company. On October 31, 2007, the Defendant decided to purchase the site as a factory site in the Y and I's name, and paid KRW 880 million to G for down payment and intermediate payment after obtaining consent from the victims, but the contract was concluded with the J on January 12, 2010, the ownership transfer registration for H and I's land was completed in the future with the JJ on the above H and I's name, and in the process, the Defendant re-deposited the money deposited in the national bank's name in the name of the Defendant with the KJ bank and then deposited the money into the national bank's account in the name of the Defendant, and then paid KRW 287,691,158 to G's joint investment consulting company.

The defendant, around March 200, withdrawn KRW 200 million from among the F Company's common funds deposited in the national bank account in the name of the defendant, and transferred to the new bank account in the name of the above K on or around the 23th of the same month, and returned KRW 208,031,793 of the court's adjustment funds received by G by civil mediation with J around July 2009 to the defendant. The defendant again invested the money in the name of the defendant to the above K ( state) M by allowing the above K ( state) M to make an investment again in the name of the defendant, thereby failing to purchase the factory site and then arbitrarily keeping KRW 408,031,793 in the course of business for the victims.