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(영문) 의정부지방법원 2014.11.28 2013고단441
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.

Reasons

Punishment of the crime

Defendant

B is the representative director of the victim FF corporation, and the defendant A is the representative director of the victim G. After receiving a loan under the name of the victim FF corporation operated by the defendant B, the defendant A paid the above loan under the name of the construction cost advance payment in G operated by the defendant A, the defendant A provided the money to the defendant B to return it to the defendant B so that the defendant B can use it at will.

1. Around May 6, 2008, Defendant B borrowed KRW 200 million in the name of the victim F Co., Ltd. and paid the construction cost to the account in the name of the Defendant under the name of us. Defendant A withdrawn all of the above amount in cash on May 8, 2008 and returned it to Defendant B through H and I, an employee of Defendant B.

As a result, the Defendants conspired and embezzled KRW 200 million owned by the victim FF corporation by obtaining the return from Defendant B through Defendant A to use it at will.

2. On May 19, 2008, Defendant B borrowed KRW 200 million under the name of Victim F Co., Ltd. and paid the construction cost under the name of Defendant A to the bank account in advance under the name of Defendant A. On May 22, 2008, Defendant A withdrawn KRW 86 million out of the above amount in cash on May 22, 2008 and deposited KRW 13:27:57, a second half of the above amount into the account of Defendant B’s fraud, and Defendant B transferred KRW 66 million to Defendant B’s account on the same day. Defendant B transferred KRW 14:19:09 on the same day and returned KRW 66 million to Defendant B’s account.

Accordingly, the Defendants conspired and embezzled 66 million won, which is owned by the victim FF corporation, by having Defendant B return through Defendant A to use at will.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the witness K, L and H in the protocol of the second, third, and fourth trial;

1. Each prosecutor's protocol of interrogation of the Defendants (including each substitute part of H and K)

1. Each prosecutor's statement to K, I, and J (including the part concerning the L's statement);

1. Each police officer against Defendant A.

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