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(영문) 인천지방법원 2021.01.13 2020고단1945
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 19, 2017, the Defendant: (a) had been operating a truck transport brokerage business under the name of “B”, and around May 19, 2017, the Defendant transferred the truck transport brokerage business to a new corporation to establish a truck transport brokerage business; and (b) C entered into a business cooperation agreement with the content that would cover the funds required for establishing a new corporation, but would reflect the net profits generated from the operation of the newly incorporated corporation; and (c) established a

1. On June 7, 2017, the Defendant: (a) transferred the permission to arrange truck transport business held by the Defendant to the victim; and (b) took overall charge of the business of the victim company, the management of funds, the execution of funds, etc.; (c) however, the Defendant’s personal business chain (B) operated the Defendant’s personal business chain “B” as it is on the ground that it is difficult to live due to a small amount of the party’s benefits; and (d) received the expenses from the client for truck transport to the account in the name

On August 16, 2017, the Defendant, at the office of the victim company located in the Seo-gu Incheon Building F, operated the business in the name of “B” and received transportation expenses from the client to the Defendant’s account, and embezzled KRW 242,500 in personal use by forcing the employees of the victim company to transfer transportation expenses to the account in the name of G from the company bank account of the victim company at around 15:51 on the same day, and embezzled KRW 67,79,800 in total over 438 times from that time to February 20, 2019.

Accordingly, the Defendant embezzled 67,799,800 won in total of the funds of the victim company that was in custody on duty.

2. Any person who intends to operate a truck transportation brokerage business in violation of the Trucking Transport Business Act shall obtain permission from the Minister of Construction and Transportation in accordance with Ordinance of the Ministry of Construction and Transportation.

Nevertheless, the Defendant around July 13, 2017.

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