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(영문) 광주지방법원 2014.05.13 2013고단4507
업무상횡령등
Text

Defendant

A Imprisonment for a year and two months, defendant B and C shall be punished by imprisonment for a period of four months, respectively.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

On January 30, 2013, A was sentenced to a suspended sentence of one year and six months for occupational breach of trust at the Gwangju District Court, and the said judgment became final and conclusive on February 7, 2013.

Defendant

B is the representative director of F Co., Ltd. (hereinafter “victim 1”) which is a victim company established from around April 22, 2011 to July 2, 2012. From around January 22, 2011 to July 2, 2012, Defendant A has been in charge of the financial accounting and management of the victim company A and the representative director of G Co., Ltd (hereinafter “victim 2”) from around April 22, 2011 to July 2, 2012, and Defendant C have been in charge of the financial accounting and management of the victim company B by comprehensively taking charge of the financial accounting and management of the victim company B from around January 22, 2011 to around July 15, 2012, and Defendant C has been in charge of the financial accounting and management of the victim company B as the chief manager of the victim 1, from around April 22, 2011 to July 15, 2012.

1. Defendant A and C co-principal Defendants paid a certain amount of money to Defendant A’s father H and Defendant A’s friendship I, despite that they were not actual employees of the above victim 2 company, as if they were employed in the above victim 2 company, and conspired to embezzled the money of the victim 2 company in a manner that Defendant A withdraws and uses it for private purposes.

The Defendants, around May 25, 201, managed the national bank account of the victim 2 company and kept money owned by the victim 2 company deposited in the said account for business purposes. While the Defendants ordered the Defendant C to transfer KRW 1,867,470 from the national bank account of the victim 2 company to the national bank account of the said I, and Defendant C, who was aware that the said I was not an employee of the said two company, was aware that the said I was not an employee of the said victim.

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