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(영문) 수원지방법원 안양지원 2015.08.27 2013고단1069

업무상횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

[Defendant A’s occupational embezzlement] From May 23, 2008 to August 16, 201, the Defendant is working as a co-representative of G Co., Ltd. (hereinafter “G”) with Franpo City 102 Dong 704 (hereinafter “G”) from May 23, 2008 and from August 25, 201 to August 25, 201.

In addition, the Defendant was in office as a sole representative director of H Co., Ltd. (hereinafter “H”) located in the same place from January 18, 2008 to August 24, 201, and has been in office as a joint representative director from August 25, 201 to August 25, 201.

The Defendant is a person who exercises overall control over the company affairs, such as fund management, independently or jointly with B, a joint representative director.

On August 4, 2008, the Defendant kept Company Fund at H office in the course of business and embezzled KRW 61,122,000,000 from H’s account, from which he voluntarily withdraws five million from H’s corporate bank account (Account Number I) to use it. From that time, the Defendant released KRW 61,122,00,000 from the victim H’s account four times as shown in the attached crime List 1, and embezzled from the victim G account.

[2] The Defendant is the representative director of G Co., Ltd. (hereinafter “G”) for the purpose of manufacturing and selling electronic communications parts, who has overall control over the management of the company’s funds.

1. On June 4, 2007, the Defendant embezzled USD 200,000 (Korean Won 185,120,000) under the name of stock investment, and embezzled the money deposited in the account of the victim G at the office of 102/704, Sinpo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Ma

2. On November 12, 2007, the Defendant embezzled 17 million won under the name of stock investment on November 12, 2007, and the victim G Industrial Bank of Korea at the same place on November 12, 2007.