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(영문) 수원지방법원 2017.12.15 2015고단4464

업무상횡령

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

B came to know of Defendant A from around 1990 when Defendant A was enrolled in the university due to the post-university of Defendant A, and from around 2010, Defendant A had been in charge of personal affairs, such as account management.

Defendant

A received investment from C and D on February 2, 2013, and C, D and Defendant A agreed to engage in the business of importing and selling scenic goods with 1/3 equity shares, and on April 2, 2013, A established the Victim E Co., Ltd. (hereinafter referred to as “victim E”) for the purpose of clothing and miscellaneous retail business.

Defendant

A was in charge of overall management as the actual operator of the victim company, and the defendant B was in charge of the establishment of the victim company and the management of funds upon the request of the above A.

1. On April 14, 2013, Defendant B voluntarily withdrawn KRW 10 million while keeping the funds of the victim company for the victim company at A’s election office located in Suwon-si, Suwon-si, and used them for personal purposes.

On April 30, 2013, the Defendant arbitrarily withdrawn KRW 3 million while keeping funds of the victim company for the victim company at the above place, and used them for personal purposes.

In this respect, the defendant arbitrarily consumeds the funds of the victim company while keeping them in business.

2. While Defendant B kept the funds of the victim company on behalf of the victim company as above, around April 16, 2013, Defendant B voluntarily released KRW 6,540,000 from Defendant A’s account of limited liability company Defendant A’s limited liability company F with an instruction to request the payment of interest on the loans of the victim company Defendant A with the funds of the victim company, and deposited KRW 6,540,000 into the account of Defendant A’s limited liability company F with the limited liability company F with an intention to deposit KRW 6,540,000 from April 15, 2013 to May 2, 2013, Defendant B arbitrarily consumed the funds of the victim company in the course of performing duties.