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(영문) 서울서부지방법원 2015.10.28 2013고단1835
횡령
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.

except that from the date of this judgment.

Reasons

Punishment of the crime

【Defendant A’s criminal history” is a person who was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution in the Suwon District Court on January 27, 201, and the said judgment became final and conclusive on February 8, 2011.

【Criminal Facts】 The Defendants: (a) purchased land in the name of G, H, K, and L in the name of Yongsan-gu Seoul Metropolitan Government (hereinafter “I”) and the Yongsan-gu Seoul Metropolitan Government J (hereinafter “J”) to newly construct and sell multi-household housing on the said land; and (b) proposed that the proceeds be distributed; (c) the victims G will take charge of the said I projects and J projects; (d) the victims G, H, and the Defendants will take charge of raising funds necessary for the said projects; and (e) the Defendants will take charge of the management of the business investment funds of the said I projects and J projects and multi-household housing; and (e) the sales of newly built multi-household housing.

Accordingly, around March 208, Defendant B conspiredd to arbitrarily withdraw the amount of investment related to the business deposited in the public fund account opened in the name of Victim G, the agricultural bank account opened in the name of Victim H, the agricultural bank account opened in the name of K (O), and the Korean bank account opened in the name of L (P). For the convenience of fund management such as Internet banking, six accounts such as the new bank account and the agricultural bank account opened in the name of Defendant B were used as the public fund for the purpose of collecting the business funds of the said I and J projects (the combination of two projects, referred to as the “instant project”). The Defendants conspired to embezzlement the Defendants by arbitrarily withdrawing the amount of investment related to the business deposited in the public fund account opened in the public fund account opened in the name of Victim H, or by using it after transferring it to the account of the Defendants.

1. On June 25, 2008, the Defendants’ co-principals are individually aware of the project cost of KRW 10 million, out of the project cost that they were kept in the Agricultural Cooperative Account (R) under Defendant B’s name.

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