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(영문) 광주지방법원 2013.12.19 2013고단2530
업무상횡령등
Text

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

Reasons

Punishment of the crime

The defendant is the friendship of C, and D, E, and F are children of C.

around August 2010, the Defendant: (a) talked in C’s house located in Gwangju-gun G, Jeonnam-gun, with money to make a fertilizer factory in Gyeonggi-do; (b) was punished by money to set up a fertilizer factory in H, a land owned by the Defendant; (c) was granted a loan from the Gun Office when the initial corporate capital is KRW 100 million; (d) made a fertilizer factory by obtaining a loan from a bank; and (e) made a fertilizer factory in one year if the factory is operated, 1.5 billion won can be paid if the factory is operated; and (e) made a series of talks with C, D, E, and F in order to establish a corporation from the end of September 2010; and (e) made a preparation for the establishment of a corporation from the end of May 20, 2011 to establish an “I agricultural partnership” as an agent of the said association; and (e) took overall control of business affairs, such as the establishment and disbursement of the corporation’s business.

1. On March 3, 2011, the Defendant: (a) opened an agricultural cooperative account in the name of the victim I agricultural cooperative; (b) opened an agricultural cooperative account in the name of the victim I; and (c) deposited money for the damaged corporation after being transferred KRW 100 million from the agricultural cooperative account in the name of C on April 8, 2011; (d) transferred KRW 3 million from the above corporate account to the L’s account on May 14:28, 201; and (e) embezzled money by arbitrarily consuming KRW 1,627,00,000 from that time until June 29, 2011.

2. Fraud against victim D;

A. A. On July 16, 2011, the Defendant: (a) around July 15, 201, at an unspecified place on July 15, 2011, the Defendant borrowed KRW 30 million from L to pay money in the name of personnel expenses to the victims D (including consulting service provider M, etc. in relation to the construction of the Young Fertilizers; and (b) it is necessary to pay money from L to those who assist in the implementation of the project, including consulting service business M, etc.; and (c) it is required to pay the money.

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