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(영문) 인천지방법원 부천지원 2018.04.05 2018고단195
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, from March 24, 200 to May 21, 2017, was in general in charge of the management of the company, such as fund management, as the representative director of D, a corporation located in Bupyeong-si C, Busan.

1. Occupational embezzlement;

A. A. Around December 19, 2016, the Defendant, following the use of vehicle proceeds, sold to E the F body-string vehicle owned by the victim D in KRW 18 million to E, and used the purchase price of KRW 3 million for the victim as a matter of duty. Around that time, the Defendant used the vehicle in mind.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

B. The Defendant, due to the settlement of card value, was in custody of the victim’s funds for business purposes, paid KRW 12,161,074 on December 30, 2016.

In addition, from around that time to March 2, 2017, the Defendant used total of KRW 21,330,868 on three occasions, such as the one-string period table 1.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

(c)

On February 9, 2017, when the defendant kept funds of the victim in his/her business, he/she transferred KRW 2 million from the victim's account to the defendant's Nonghyup Bank account (Account Number: G) and used it in mind.

From around that time, the Defendant used the total amount of KRW 28,71,350 over six times, such as the list of crimes in attached Form 2.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

2. In order to have the victim of occupational breach of trust become a joint guarantor for others, the Defendant had a duty to undergo a resolution of the board of directors or obtain the consent of other shareholders, or to examine whether the loan or guarantee conforms to the purpose or interest of the victim, and to prepare legal and property devices in advance so as not to cause damage to the victim.

Nevertheless, it is not appropriate.

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