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(영문) 울산지방법원 2018.09.06 2017고단3268 (1)

업무상횡령등

Text

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

Reasons

Punishment of the crime

The Defendant, in order to carry out the F Electric Source Land Development Project in racing D and E (the first site for the business), has been invested by G Co., Ltd. (hereinafter referred to as “G Co., Ltd.), 4.5 billion won, which is invested and established by G Co., Ltd. (hereinafter referred to as “G Co., Ltd.), and has been in charge of overall business, such as fund management, and has been in charge of major matters, and has been reported to the victim J. who actually operates the said G Co., Ltd. and

1. On November 19, 2015, while the Defendant: (a) as the representative director of the I in charge of the settlement of accounts for victims, deposited in the corporate account and invested funds for the use of the development project on behalf of victims; (b) withdrawn cash from the French land on November 19, 2015 to use KRW 5 million for private purposes, such as living expenses; and (c) voluntarily transferred KRW 50 million from the French land on December 22, 2015 to the K account that the Defendant personally operates; and (d) voluntarily used it in operating expenses, etc.

As a result, the Defendant embezzled the sum of 5 million won of the victim's funds twice.

2. On January 8, 2016, the Defendant attempted to purchase the victim J of the said G Company’s office located in Ulsan-gu L 3rd floor of Ulsan-gu, Seoul-gu, with “The second business part for F land development projects, racing M, and seven parcels, including those for F land development projects.”

In order to purchase all the above 8 parcels, a false statement was made to the effect that the prop work expenses (indirect compensation and fees, etc.) to be paid to the prop workers were purchased at the present half of the site in order to require a total of 600 million won, which would first change 300 million won.

However, in fact, the amount to be paid by the majority of the above sites for the second business was only 100 million won, and the remainder was considered to be used for operating expenses of the individual company operated separately by the defendant.

As such, the Defendant deceivings the victim and deceivings the victim from the damage to the account in the name of K on the same day as the prop work expenses, and KRW 110 million to the account in the name of K, and KRW 220 million to the account in the name of K.