beta
(영문) 인천지방법원 2018.03.15 2017고단1324

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 25, 2016, the Defendant was sentenced to a suspended sentence of two years on August 25, 2016 to imprisonment with prison labor for occupational embezzlement, etc., and the judgment became final and conclusive on December 3, 2016.

[2] On December 11, 2015, the Defendant: (a) purchased and jointly operated the Victim Dispute Resolution Co., Ltd. (hereinafter “victim Co., Ltd”); (b) agreed to distribute the profits to 5:5; and (c) acquired the Victim Co., Ltd. in accordance with the above business agreement from January 1, 2016 to manage the external business and restaurant; and (d) registered the victim Co., Ltd.’s representative director as Co., Ltd. E, and the director B and E, as Co., Ltd., and the auditor as Co., Ltd., the Defendant changed the profits to ASEAN.

1. On January 4, 2016, the Defendant: (a) opened a new G bank account in the name of F; and (b) deposited the profits of the victim company, such as down payment, received from wedding contractors, into the said G bank account; and (c) transferred KRW 3,00,000 among them to the H’s account in order to pay the money that he/she borrowed from the G bank account in the course of business.

In addition, from that time until August 30, 2016, the Defendant embezzled KRW 39,04,240 in total for 23 occasions, such as the [Attachment Table Nos. 1 to 23”, by arbitrarily consuming the Defendant’s personal use.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. On August 30, 2016, the Defendant drinked the victim company’s mind to transfer, and indicated “DD” in the column of name (in the case of a corporation, the name of the corporation and the name of its representative) of a person who succeeds to the report of succession to the status of a food business operator in the victim company office (in the case of a corporation, the name of the corporation and the name of its representative), “I” in the column of resident registration number (in the case of a corporation, the number of the corporation), “I” and “I third floor in Bupyeong-gu Incheon Metropolitan City, Incheon, the location of the principal office)” and “I” in the date column.