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(영문) 수원지방법원 2016.12.15 2015고단6157

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around December 2010, the Defendant, as a manager of C (hereinafter “C”) of the Debtor Rehabilitation and Debtor Rehabilitation Co., Ltd. (hereinafter “C”) at the time, made a resolution to jointly carry out the LE chips with the content of the production and sale of TV chips for lighting, which fall short of the standards and fall short of the standards, after purchasing them at low prices among the managers of DD Co., Ltd. (hereinafter “D”) and F Co., Ltd. (hereinafter “F”). Accordingly, D entrusted the processing of all kinds of facilities for the above processing process to the victim H newly established by the Defendant for the said business, and made an investment of KRW 1,518,00,000 in total in terms of the purchase price for facilities and installation price for the said processing process, and the victim Co., Ltd. designated the manufacturing company of the above facilities, and concluded a contract with the victim Co., Ltd. to provide them to the said business with the manufacturing company, and the victim Co., Ltd. using the victim’s equipment.

Accordingly, on January 7, 201, the Defendant transferred KRW 809,60,000 under the name of the Nonghyup Bank under the name of the victim company; KRW 303,60,000 under the name of the intermediate payment on February 23, 2011; KRW 404,80,000 under the pretext of intermediate payment on March 31, 201; and paid KRW 1,518,00,000 for the use of the purchase price of the said facilities for the purpose of the victim company; the Defendant arbitrarily transferred KRW 1,518,00,000 under the name of the victim company for the purpose of the purchase price of the said facilities; KRW 1,30,00 under the name of the victim company; KRW 120,00,00 under the name of the victim company; KRW 30,00 under the name of the victim company; and KRW 40,01,00 after the transfer; and