업무상횡령
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.
Punishment of the crime
[2018 Highest 3361] The Defendant, from March 201 to January 2013, took overall control of all the tasks, such as fund management, as the representative director of the Victim B Co., Ltd. (hereinafter “Co., Ltd.”). (hereinafter “Co., Ltd.”).
On October 26, 2011, the Defendant: (a) transferred USD 10,000,000 owned by the victim, who was in the custody of the victim for his business, to a 'F' account located in Hong Kong that was personally used, managed, and managed by the Defendant; (b) transferred the sum of USD 123,000 (Korean USD 135,840,390) over six occasions from around that time to November 19, 201, and used it for personal purposes, such as living expenses and repayment.
Accordingly, the defendant embezzled US$ 123,000 owned by the victim.
[2019 Highest 4839] The defendant is the representative director of the victim corporation B, who aims at marine transportation business from March 201 to January 2013, who exercises overall control over overall business such as fund management.
On July 2011, the Defendant entered into a steel pipe transport contract between “G” and “H, the representative of which is the Defendant, and subsequently, had the victim conduct actual transport duties.
1. Around July 25, 2011, the Defendant received USD 163,371.96 (Korean currency KRW 173,092,591) from “G” to a “F account,” a corporation located in Hong Kong, in the course of performing its duties, and remitted USD 49,970.41 (Korean currency KRW 52,718,782) on July 26, 201; USD 9,907.41 (Korean currency KRW 10,518,782) on the same day; USD 49,970.38 (Korean currency KRW 52,518,869); USD 49,970 on July 27, 2011; USD 49,970 on August 24, 2011; USD 308,6385,6838,684,685,685,684,67,8385,6,69,67.
2. The Defendant, around December 29, 201, remitted USD 22,149.92 (Korean Won KRW 25,871,106) from “G” to an account in the name of F.