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(영문) 광주지방법원 2017.09.21 2016고단4852
업무상횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant, while substantially operating E Co., Ltd. (hereinafter referred to as “E”), and G Co., Ltd. (hereinafter referred to as “G”) engaged in the business of manufacturing lighting fixtures in Nam-gun, Southern-gu, Gwangju, in order to manage lighting fixtures in entirety, including affairs relating to the fund management of each of the above companies.

[2016 Highest 4852]

1. Around January 10, 201, the Defendant: (a) transferred KRW 880,180 to the Agricultural Cooperative under the name of H as if he/she paid benefits to H who did not work for the victim company in the bank account in the bank account in the victim G office in the victim company name; (b) transferred KRW 500,000 to the I Nonghyup bank account in the name of the next account on September 13, 2012; and (c) arbitrarily used the money by withdrawing and using it; and (d) from around September 10, 2015 to around September 10, 2015, the Defendant arbitrarily used KRW 89,531,810 of the funds of the victim company in cash for a total of KRW 43 times, including the foregoing KRW 100,000,000,000 from the victim’s account in the name of the victim company to the victim’s account in the name of the victim; and (d) used the money for the purpose of KRW 18160,14,150,00,0,00.

Accordingly, while the defendant kept the funds of the victim company in his/her business, he/she arbitrarily used 497,376,060 won.

2. On October 11, 2013, the Defendant transferred KRW 728,567 to the Agricultural Cooperative under the name of J as if he paid benefits to J who did not work for the victim company in the bank account in the name of the victim company at the victim G office, and transferred KRW 4,300,000 to the Agricultural Cooperative account in the name of J on October 30, 2012.

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