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(영문) 수원지방법원 2016.12.08 2016고단1575
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who works as the representative director of the victim E farming association corporation (hereinafter referred to as “victim corporation”) located in G from January 10, 2002 to March 10, 2015 and has overall control over the operation of the corporation, employees, and fund management.

1. In response to the substitute payment of fire insurance premiums, the Defendant subscribed to fire insurance for a factory used by the victim corporation, including F’s factory design for a personal company, and had the victim corporation pay the said F’s fire insurance premium to the victim corporation.

On August 31, 2009, the Defendant embezzled the sum of the fire insurance premium of the above F factory until August 29, 2014 as stated in the attached Table (2) of the crime committed by the victim corporation, by having the victim corporation pay 3,398,370 won to the funds of the victim corporation, including the above F F’s factory, while taking out fire insurance for the factory of the victim corporation as well as having the victim corporation pay 737,370 won of the fire insurance premium of the above F factory as the funds of the victim corporation, while keeping the accounts and funds of the victim corporation in business for the victim corporation.

2. On June 2010, the Defendant, following the payment of retirement consolation benefits to G, proposed that G would receive retirement benefits by adding the period during which the said G worked in the victim corporation’s board of directors (from February 2006 to June 2010) and the period during which the said G used in the said F (from February 2000 to February 206), but the board of directors of the victim corporation agreed that the said G would receive retirement benefits (10,541,652 won) only for the period during which the said G actually worked in the victim corporation.

Nevertheless, the Defendant is a victim corporation in order to pay the money for retirement consolation benefits in addition to retirement allowances of KRW 10,541,652 while keeping the accounts and funds of the victim corporation for the purpose of the victim corporation in the course of conducting business at a closed place around July 16, 2010.

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