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(영문) 대전지방법원 천안지원 2016.08.26 2016고단1103
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for two years and for one year, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who has served as a representative director of E Co., Ltd. (hereinafter referred to as “E”) located in Seoan-gu, Seoan-gu, Seoan-si from November 1, 2006 to March 2016.

Defendant

B is a person who was employed as the head of E’s business from around 2010 to March 2014 and served as the representative director of F after the withdrawal of F Co., Ltd. (hereinafter “F”).

1. Joint crimes committed by the Defendants

A. On January 2010, the Defendants: (a) withdrawn cash from the account in the name of the victim E; (b) transferred the transaction amount to the account of the transaction partner or the financial officer in charge of the financial affairs to the account of the private person G; (c) created one secret secret fund by again receiving return from the private person account of G; and (d) conspired to use money, valuables, and entertainment to the business partner’s employees for the purpose of providing it with money, valuables, and entertainment.

Defendant

B, around January 7, 2010, Defendant A voluntarily consumed for the purpose of offering entertainment to an employee with whom the name of the business partner is unknown, while receiving KRW 2 million from the G in receipt of Defendant A’s instructions, for the purpose of providing the victim E with rebates, by stating that “the employee of the business place demands the amount of KRW 2 million to be assigned”. The funds raised by the said method from the G in receipt of Defendant A’s instructions.

In addition, from January 7, 2010 to March 3, 2014, the Defendants arbitrarily consumed 9,2050,000 won of funds owned by the victim E from January 7, 2010 to March 3, 2014 for the purpose of providing money, valuables, entertainment, etc. for 36 times in the same manner while the Defendants kept in business for the victim.

Accordingly, the Defendants conspired and embezzled 92 million won of the funds owned by the victim E.

B. On May 2012, the Defendants were to have only 1.487 billion won, such as air pressure type (CIP), such as air conditioners produced by E with loans from the Small and Medium Business Corporation for the purchase of facilities.

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