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(영문) 수원지방법원 성남지원 2017.02.09 2016고단1307
업무상횡령
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for eight months;

B. Long-term repair allowances among the facts charged against the Defendant.

Reasons

Punishment of the crime

Defendant

A, as the representative director of E corporation which constructed a Dtel in Sung-si, Sung-si, Sung-si, the company occupied the said Btel and engaged in management affairs including the expenditure of officetel management expenses, etc. from January 2004 to December 201, 2014. Defendant B engaged in management affairs including the expenditure of officetel management expenses, etc. from January 2004 to December 2013. Defendant B engaged in management affairs including the expenditure of officetel management expenses, etc. from January 2014 to September 2014.

1. Defendant A

A. From January 15, 2008 to November 28, 2012, the Defendant, such as the cost of installing a telecommunications meter, made the instant officetel use of the officetel rooftop, which is the common use area of the said officetel, so that the Defendant may install a telecommunications relay system for the said officetel from around January 15, 2008 to November 28, 201, and received a total of KRW 53,567,00,00, etc. in the name of the manager in charge of management to the Agricultural Cooperative (G) account in the name of the owner of the instant officetel (hereinafter referred to as “victim”), and received a transfer from the said F to the said bank account (I) account of the name of H corporation from around March 20, 2008 to around May 23, 2012, and received a transfer of the total amount of KRW 50,700,500,000 from around the above day to May 23, 2012.

Accordingly, the defendant embezzled the victims' property.

2. Defendant B

A. On December 4, 2013, the Defendant, at the above Dtel office, received a transfer from F to the Agricultural Cooperative Account (J) in the name of the Defendant, of KRW 5,980,000 (4 million in remote area) on December 10, 2013, the Defendant: (a) the Defendant, at the above Dtel office, intended to replace the drainage pumps and the remote area part among the water of the said office; and (b) the amount estimated to have been repaired by F at the time of replacement of the said office with the water of the said office; and (c) the amount estimated to have been repaired by F, the manager, at the time of replacement with the drainage pumps and the remote area part.

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