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(영문) 의정부지방법원 2012.12.21 2011고단568
업무상횡령등
Text

As to the crimes of Nos. 1 and 2, the defendant shall be punished by imprisonment with prison labor for two months and by imprisonment for one year and ten months for the remaining crimes in the holding.

Reasons

Punishment of the crime

[criminal power] On December 23, 2008, the Defendant was sentenced to a suspended sentence of one year in six months of imprisonment due to the charge of forging securities at the Seoul Northern District Court on December 23, 2008. The judgment became final and conclusive on May 20, 2009.

[209 Highest 2771]

1. From May 30, 2005, the Defendant violated the Illegal Check Control Act (hereinafter “Unlawful Check Control Act”) operates L Co., Ltd., and entered into a check contract with the family head office and branch office of the Bank and entered into a check contract with Korea.

On April 2, 2009, the Defendant issued one check number N, the bank dong point in Korea, the face value of 13,000,000, and the date of issuance on May 26, 2009 at the offices of L Co., Ltd. located in Scheon-si, Ma.

On May 25, 2009, the holder of the check at issue, which was within the time limit for presentment of payment, presented the check, but the Defendant did not receive the check due to the suspension of transaction.

In the same manner, the Defendant issued a list of shares per unit and a total of KRW 25,600,000 in the face value as stated in the Nos. 3, 5, and 8 of the attached list of crimes, and did not pay each due to the shortage of deposits and the suspension of transactions.

[2010 Highest 2453] The defendant is a person who operates a corporation in Ma in Macheon-si.

On November 13, 2006, the Defendant entered into a construction contract with Q, R, and S’s three lots of land (hereinafter “instant land”) to newly construct a factory on a level of approximately 1,770 square meters (hereinafter “instant land”) and newly built a factory.

2. On March 2009, the Defendant interfered with auction by submitting a false document about the above court U, creditor 2, 2, 3, and debtor's real estate auction case of the land and factory building of this case at T and the above O office operated by the Defendant, and T were awarded a successful bid for the land and factory building of this case at a lower price than the market price, and the Defendant conspired to receive KRW 100 million from T.

The Defendant, who is an employee of T, has subcontracted the construction work price of KRW 170 million from the Defendant to the new construction work of the instant plant, and executed the instant land and factory.

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