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(영문) 광주지방법원 2015.04.02 2014고단4597

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 2009, the Defendant invested 1/3 of the shares of Nonindicted Party G and H, and established a (State) I, which operates the construction of a new building, the sale of real estate, the lease of real estate, etc., and H as an inside director, G as an auditor, and the Defendant was appointed as a representative director, respectively. On January 20, 2012, the Defendant, who resigned from the office of the representative director of G, was in charge of the inside director as well as G, and H was newly appointed as the representative director of H. I.

Around October 1, 2009, the Defendant, G, and H issued an order to construct the 2nd floor underground and the 8th floor above ground in the name of Gwangju Mine-gu J on the site of 1019m2,00,000,000 won for the construction of the 100,000,000 won for the construction of the 8th floor above ground and the construction cost. Under the delegation of G and H, the Defendant, as the representative director of G and H, has been in exclusive charge of the overall new construction work, such as the conclusion of the construction contract and the payment for the completion of the construction, and supervision for the completion of the construction work. As such, even though the heating and cooling facility construction cost is included in the above construction cost, it was necessary to separately pay G and H as if it were to be paid for that construction cost, he had the intent to embezzled and embezzled the construction cost of 250,000,000

On September 10, 2010, the Defendant: (a) from the corporate account in the name of the Defendant, to the account in the name of the Defendant (K) bank (hereinafter referred to as the “Korea Bank”); and (b) on September 10, 201, the following year

5. Around 23. Around the same day, at the same place, 10 million won in the name of the Defendant’s bank account (L) in the name of the Defendant, and the sum of 250 million won in the transfer, etc. was embezzled.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness H or G testimony;

1. Some protocol of examination of the prosecutor and the police accused;

1. M's statement of fact, construction contract modification contract, passbook, each withdrawal sheet, standard contract for private construction works;