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(영문) 의정부지방법원 고양지원 2015.11.05 2014고단2969
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2013, the defendant, as the representative director of the victim E company in Kimpo-si D, 717, was in charge of overall management of the victim company, and performed the fund management work.

The Defendant was unable to perform the construction work any longer due to the construction cost received from the anti-do construction while the victim company was performing the construction work by subcontracting the “F New Construction Works” from the half-do construction, and was willing to arbitrarily consume or conceal part of the construction cost remaining in the passbook of the victim company to the personal account of the Defendant, thereby getting back the part of the construction cost in the passbook of the victim company to the personal account.

On April 1, 2014, the Defendant: (a) transferred KRW 113,520,000 to the passbook in the name of the Defendant in the Busan Bank (I) passbook in the name of the Defendant in the above Busan Bank; and (b) KRW 100,00,000 to the passbook in the name of the Defendant in the above Nonghyup Bank; and (c) transferred KRW 10,00,000 to the Bank in the name of the Defendant in the above Nonghyup Bank in the name of the Defendant; and (d) each month.

4. The same month after transferring the amount of KRW 200 million to the post office under the name of the defendant or the J (K) in the passbook in the above defendant's name.

8. The Republic of Korea entered the Philippines.

On April 15, 2014, the Defendant continued to enter the post office in the name of the above JJ, and transferred KRW 100 million to 100 million in the passbook in the name of the Defendant’s wife at the post office in the name of the Defendant’s wife on the same day. On May 7, 2014, the Defendant transferred KRW 50 million in the passbook in the name of the Defendant’s wife via the passbook in the above name of the bank in the above name of the J bank, and transferred KRW 50 million in the above passbook via the passbook in the above name of the bank.

Accordingly, the Defendant concealed 180,000,000 won (the Defendant’s statement appears to have resulted in 185,000,000 according to the Defendant’s statement) while keeping the construction cost as above on behalf of the victim company.

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