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(영문) 수원지방법원 안양지원 2018.10.25 2018고단817
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant, as the representative director of the victim software research and development bank B, was granted a loan of KRW 250 million in the name of the said corporation on the basis of the development performance and credit of the said corporation in that it is a carbon complex C Dongsan Complex, which is a computer software research and development company.

The defendant, as the representative director of the above corporation, has been in custody of 250 million won of the above loans with the corporate operating funds. On July 10, 2015, the defendant embezzled 110 million won of the above loans from the office of the Dispute Resolution Co., Ltd. in Ansan-si, the defendant, in the name of the defendant, transferred the above loans to the seller's account of the above apartment intermediate payment for the purpose of the seller's account of the above apartment E-si, which was purchased in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to a copy of the entire certificate of registered matters, or a copy of C deposit transactions;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense.

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 62Da1348, Feb. 1, 2001>

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