A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Defendant

A penalty of KRW 100,000 from B

[2013 Highest 2121]

1. 피고인 A의 업무상횡령 ▣ 피고인과 피해자들의 동업관계 피고인은 2012. 3.경 보령시 D에 있는 석산에 대해서 피고인과 피해자 E은 자금을, 피해자 F은 위 석산에 대한 개발허가권을 출자하는 방식으로 법인을 설립하여 공동운영하기로 합의한 다음, 피고인은 법인의 전반적인 운영 및 수입금 관리 업무를, 피해자 F은 전무이사로서 영업을, 피해자 E은 법인의 사내이사로서 골재 판매 영업을 각각 담당하고, 석재 판매로 발생하는 수익은 피고인과 피해자들이 1/3씩 분배하기로 동업약정을 체결하였다.

On March 20, 2012, the Defendant and the victims established (State) H with the purpose of collecting and selling aggregate in Boan-si G on March 20, 2012, and operated (State) H with the position of representative director, inside director, victim E, and victim F with the position of managing director.

(State) As the representative director of H, the Defendant, under the above agreement, has a duty to sell aggregate produced in tinsan and distribute profits remaining after deducting expenses, etc. from the purchaser, to the victims, and to manage the vehicles, etc. in the name of H, which are the business property, in compliance with the purpose of the business, and to distribute the assets of the business to the victims following the settlement procedure when the business relationship is terminated.

▣ 구체적인 횡령행위

A. From October 2012 to November 201 of the same year, the Defendant sold 2,574 cubic meters of mix, mix 584 cubic meters of mix, etc. from 2,574 cubic meters of mix and mix mix 584 cubic meters to I companies, (ju), J., etc., and sold sales proceeds of KRW 6,620,00 of mix 6,620,00 of the sale proceeds to (ju) corporate passbook in custody, and embezzled profits to the victims at his/her own discretion during the course

B. The Defendant runs a partnership business in the name of (H) around October 2012.