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(영문) 광주지방법원 2018.12.13 2018고단2770
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Majority Relationship] On May 2, 2018, the Defendant was sentenced to imprisonment with prison labor and six months at the Gwangju District Court on the grounds of a false accusation, etc., and the said judgment became final and conclusive on May 9, 2018.

[Criminal facts] The Defendant is the Victim F Co., Ltd. (hereinafter “F”) that is a public selling company for food manufacturing in Yong-gun E in South Yong-gun.

(G) As a director of the representative director G, the said company was operated and engaged in the business of fund management.

1. From June 15, 2016 to June 21, 2016, the Defendant embezzled 28,51,500 won in total on three occasions in the name of the victim’s new bank account in the name of the victim under custody from June 15, 2016 to June 21, 2016, by purchasing 201, 804, 804, and 292,000 won in the name of the Defendant’s wife in the name of the public brokerage office located in Gwangju Mine-gu.

2. Around September 17, 2015, FF entered into an investment agreement on the establishment of food manufacturing factories, such as Yeongdeungpo-gun and health beverages (MU). If an enterprise that entered into an investment understanding letter, etc. newly constructs or expands a factory, etc., a subsidy for facilities to be paid by the Young-gun shall be paid in accordance with the “Ordinance on the Establishment, etc. of Mine-gun Enterprises and Investment Inducement, etc.” and the “Enforcement Rule of the Ordinance on the Promotion, etc. of Enterprise and Investment Inducement, etc.,” and the relevant enterprise shall not use the subsidy for the purposes specified in the business plan submitted at the time of applying for the subsidy and shall not use it for any other purposes.

On May 20, 2016, the Defendant filed an application for a facility investment subsidy with F as a total of KRW 1,316,689,998 from the construction cost of new factory construction in L and the installation cost of machinery and equipment at the Young-gun Office located in the Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City.

The Defendant’s decision on June 21, 2016 on the grant of the subsidies from the Young-gun as set forth in the above 1.

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