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(영문) 대전지방법원 2017.01.10 2016고단2000
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2012, the Defendant promised to operate E (stock company F prior to the change of trade name) with C and D to engage in the business of distributing automobile parts. Since June 18, 2012, G, wife from around June 18, 2012, the Defendant registered the company’s director as its representative director from around March 6, 2014, and performed the overall business of the company from around June 18, 2012, such as selling automobile parts to the said company’s customer as the actual operator and collecting the payment.

1. On October 25, 2013, the Defendant, while keeping the company’s capital in the office of the victim E, a corporation in Jung-gu, Daejeon, Daejeon, transferred KRW 20 million from one bank account in the name of the victim company to one bank account in the name of the Defendant’s wife G, and embezzled it by consuming it for the Defendant’s personal business at that time, and embezzled it by consuming it for the Defendant’s personal business at that time, as shown in the attached crime list, and embezzled KRW 50,632,970 over 23 times from October 20, 2012 to February 13, 2014.

2. On May 27, 2014, the Defendant, as the representative director of the Victim E Co., Ltd. in the Jung-gu Daejeon-gu Daejeon-gu, Daejeon-gu, did not perform his/her duty faithfully on behalf of the victim company and perform his/her duty faithfully on behalf of the victim company, and did not cause damage to the victim company, the Defendant’s wife G, in violation of such duty, established the J (actual operator: Defendant : Defendant ) under the name of the Defendant’s wife, and then the victim company was no longer capable of delivering the parts of the victim company to the SK, Inc.

After the end, the automobile parts were supplied by K, which is the supplier of the automobile parts, and were supplied to E.K., and from that to April 30, 2015, the automobile parts worth KRW 581,931,31,316 were supplied to 616,264,260.

As above, the defendant was a representative director of the victim company, and was a main transaction agent of the victim company.

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