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(영문) 부산지방법원 2014.03.26 2013고정5787
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A from July 22, 2005, is the representative director of D, a victim in Ulsan-gu, Ulsan-gu, Seoul, and has been engaged in the overall operation and management supervision of the above company.

The defendant, in collusion with E, who is registered as a director of the defendant and the victim, acquired the victim with the right to permit the creation of the Ulsan Nam-gu Fil Industrial Complex, and sold and purchased the proceeds after developing an industrial complex, and intended to embezzled such proceeds.

1. The Defendant created the pertinent industrial complex and traded the said industrial complex to G with KRW 10.47 billion. On June 16, 2009, the Defendant transferred the balance of KRW 483,720,292 to the Busan Bank (H) account in the name of the victim for the victim. On June 17, 2009, around 09:30 on June 17, 2009, the Defendant transferred the victim’s name bank head and the corporation head to the Busan Bank and the corporation in mind without going through a normal business procedure in the Defendant’s house to request for its investments.

At that time, E, with the seal of the Busan Bank passbook and the Busan Bank passbook and transferred the balance to its own account, and used it for the purpose of repayment of debts, living expenses, etc.

Accordingly, the defendant embezzled the victim's property in collusion with E.

2. The occupational breach of trust Defendant A, as the representative director of the victim, has the occupational duty to pay the performance-based bonus when operating the victim and undergo normal business procedures, such as obtaining the consent of the shareholders, and to compensate for the investors' investments.

Nevertheless, on May 10, 2009, the Defendant paid piece rates of KRW 120 million to the victim’s office, in order to pay performance rates at the victim’s office, through normal procedures, and to promote the benefit of the J, an employee of the victim, in violation of his/her occupational duty to preserve investors’ investments.

Accordingly, the defendant is worth 120 million won for piece rates to J.

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