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(영문) 전주지방법원 2021.01.14 2016고단837
업무상횡령
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

On November 12, 2015, the defendant seems to have been sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Jeonju District Court on November 12, 2015.

On July 27, 2016, the decision was finalized on three years after the suspension of execution.

The Defendant is a substantial operator of a limited company B (hereinafter “victim corporation”) established for the purpose of leasing and selling real estate, establishing and operating a medical institution, etc.

On April 6, 2015, the Defendant: (a) provided a victim’s corporation as a business site, and (b) concluded a joint agreement to newly build and sell G apartment units on the said land by raising KRW 2 billion business funds to cover KRW 2 billion; and (c) agreed to execute funds in the order of land initial down payment, expenses related to authorization and permission, new corporation’s operating expenses, and other interest and business expenses.

Therefore, the Defendant, as the F’s intermediary, from the representative I of H (hereinafter “H”) corporation H (hereinafter “H”) to KRW 800 million around June 18, 2015, the same year.

8.4. Around June 18, 2015, while the facts charged in the name of the victim corporation was transferred to the J Union account under the name of the victim corporation and was kept in custody for the victim corporation, the facts charged in the name of the victim corporation was deemed to be the name of the defendant, but it seems to be erroneous.

J withdrawn 50 million won from the account of the union with its own check, and the defendant paid to L by the president of the K K K K K K K K long-term care hospital who is the actual operator so that he can use it as the operating fund of the hospital such as heating and cooling work cost.

From this point of time to June 18, 2015, the Defendant seems to have satisfied the background of July 28, 2015 according to the List of Offenses from around that time.

Until now, as shown in the list of crimes in attached Form 1, the personal debt of the defendant, the operating fund of the above hospital, the construction cost, etc. over 160 million won has been arbitrarily used.

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