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(영문) 서울중앙지방법원 2016.06.08 2015고단4677
횡령
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From October 15, 2008, the Defendant worked as the representative director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) who is engaged in the wholesale business, etc. from the time when the Defendant was in bankruptcy of the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”), and used the victim Co., Ltd.’s claim against the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) to have the right of management over the victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) around August 11, 2009, the date when the victim Co.

9.1. Around January 1, 201, the injured company prepared a power of attorney on the transfer and disposal of the outstanding amount claims and the outstanding amount claims to the injured party’s credit group by stating that the injured party’s credit sales claims against the customer as well as the inventory and facilities are to be transferred to the above credit group.

A. The Defendant, on August 14, 2009, has been liable for the sales of credit to the victim company as the customer of the victim company.

E In addition, from around that time to August 29, 2009, the credit amount of KRW 2,850,000 was transferred from F, the owner of the business, to G’s national bank account, and from around that time, the total amount of KRW 41,072,200,000 was transferred to the above account and used for personal purposes without transferring it to the victim company.

B. The Defendant, on September 1, 2009, has been liable for the sales of credit on credit as a business partner of the above company on or around September 1, 2009

H received 480,000 won credit amount from I, the owner of the business, from the above account to October 8, 2009, and used 80,027,000 won through 12 times from around that time, such as the list of crimes Nos. 13 to 24, such as the list of crimes, from around that time to around October 8, 2009.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the witness J among the third public trial records;

1. Each statement made by the witness J and K in the fourth public trial records;

1.Each L, M and N.

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