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(영문) 서울서부지방법원 2018.02.09 2017고단3066
업무상횡령
Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A The representative director of the D Co., Ltd. and Defendant B, who are the managing director of the said Co., Ltd., on November 23, 2015, established and jointly operated a new corporation for the distribution business of “H”, which is a woman clean, at the office of F Co., Ltd., the tenth floor of Yongsan-gu Seoul, Yongsan-gu, Seoul, for the foregoing D and G on November 23, 2015, and entered into a contract with G to make an investment in the funds, and, on November 26, 2015, remitted the sum of KRW 200 million, including KRW 100 million, at the expense of the distribution business on December 17, 2015, to the account of the said D Han Bank (Account Number I).

On November 30, 2015, the Defendants established the J, a new corporation, and appointed them as a director for each company. On December 18, 2015, the Defendants transferred KRW 94,700,600 out of the said money to the National Bank Account (Account Number K) of the said J, and had the said Defendants keep the said money in custody for the said J.

1. The Defendants conspired to commit the joint crime of the Defendants and embezzled KRW 20,000,000 in total from the said national bank account to the said one bank account, by withdrawing 1,90,000 won from the said J’s national bank account with the physical card on December 30, 2015, with the payment in mind. On December 31, 2015, the Defendants embezzled KRW 20,000,000 from the said national bank account to the said one bank account at the said D office located on the sixth floor of the Gangnam-gu Seoul M& building, Seoul, with the intent of paying KRW 1,90,000 from the said one bank account.

2. On January 5, 2016, Defendant B embezzled KRW 800,00 from the said D office’s national bank account to N’s inorganic account from the said J’s national bank account, with intent to pay personal debts, and embezzled the money for personal debts.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each prosecutor's office protocol (including theO and G part) concerning the Defendants;

1. Statement made by the police on P;

1. Application of Acts and subordinate statutes to a certificate of deposit verification, a fund investment contract, a statement of performance of consultation, and a statement of national bank account transaction in the name of theJ;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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