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(영문) 대구지방법원 2018.11.08 2018고단4053

업무상횡령등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the director of the headquarters of the victimized Company (State) B for the purpose of creating and selling the Japanese Pream and Kapeta complex in Jeju, who is engaged in the business of managing the new construction site of the Jeju-do Japanese Pream, obtaining various authorization and permissions, and executing funds.

1. The Defendant, in the course of occupational breach of trust, had a duty to pay appropriate construction cost to a service company related to construction when conducting the business of managing construction sites, acquiring various authorizations and permissions, and executing funds, but in violation of such occupational duty, had the representative F of “E” in charge of design, supervision, etc. for the penta and D located in Jeju-do and D where the victimized company is going to construct in violation of such occupational duty, and had the damaged company claim for the additional payment of the service cost and received the difference and received the difference at will.

Therefore, on November 28, 2016, the Defendant had the damaged company pay KRW 13,200,000 to the said “E” side of the construction design service, and received KRW 4 million out of the above service charges from “E” on the same day, and had the damaged company pay KRW 10,500,000 to the said “E” side of the same year on December 13, 201, and then received KRW 3.5 million out of the service charges from “E” and used them for each individual purpose.

As a result, the defendant, who is in charge of the affairs of the victimized company, has committed an act in violation of his duties and has taken a total of 7,500,000 won and has inflicted a property damage equivalent to the same amount

2. Occupational embezzlement;

A. On December 5, 2016, the Defendant received KRW 8,358,580 from the victimized Company for the purpose of paying the construction tax related to the construction site of Jeju-do G construction site, and paid KRW 3,465,220,00 among them as the construction tax, and used the remainder of KRW 4,898,360 for personal use while keeping the remainder of KRW 4,360 for the victimized Company.

Accordingly, the Defendant embezzled the property of the victimized company.

B. Doese 2016