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(영문) 대구지방법원 2017.12.28 2016고단2790
업무상횡령
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant A works as the representative director of the victim FF corporation located in Daegu Northern-gu E from September 22, 2008 to February 2, 2014, Defendant A of the 2016 High Order 2790, who has overall control over the operation of the victim company, such as the conclusion and implementation of construction contracts, asset management, and fund execution.

Defendant

A entered into a contract with G (State), etc. with the amount of construction, and paid the construction cost, and received the return of the contract and received it for personal use.

1. On January 7, 2011, Defendant A entered into a subcontract for construction cost of KRW 443,300,000 for construction cost, and paid KRW 461,430,000 for construction cost, which is larger than the contractual amount, at the office of the victim company, with respect to “G (ju) and “H (H) construction work among I factory expansion works” at the victim company’s office, and embezzled by using KRW 30,000,000 for the victim company’s personal use at will around that time.

2. On October 5, 2013, Defendant A entered into a subcontract modification agreement with G (State) and J (State) on the cost of construction for the repair work for the business department, and paid the same amount as the cost of construction for the same purpose. On December 30, 2013, Defendant A returned KRW 50,000,000 from the above G (State) and embezzled it for the victim company’s personal use at will around that time.

3. On November 25, 2013, Defendant A entered into a subcontract for construction cost of KRW 177,100,000 with respect to K and K and K for the “J” for the repair of a factory in the business department of J (ju), and paid the same amount as the construction cost. On December 30, 2013, Defendant A recovered KRW 30,000,000 from L and embezzled it for the victim company’s personal use at his/her own discretion around that time while in custody for the victim company.

4. Defendant A entered into a contract that causes a total of 20,405,000 of M and equipment materials on December 1, 2013 and the same amount as the price for equipment materials.

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