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(영문) 수원지방법원 안양지원 2017.04.13 2015고단2090
업무상횡령등
Text

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

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

Reasons

Punishment of the crime

The Defendant, from March 2010 to July 30, 2014, served as the vice president and COO (the chief executive officer, the chief executive officer, and the chief executive officer) in the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) established for the purpose of manufacturing, processing, selling, etc. non-ferrous metals and non-metallic metals to be provided, and was in charge of the affairs of general administration of the company and the management of company funds.

1. Occupational embezzlement;

A. On May 2010, the Defendant, at the time of raising funds for the smooth operation of the company, concluded a contract for the new construction of a D factory located in the territory of the victim company with E, and paid the amount of the construction in installments, and received the payment in return, and raised the funds.

In the process of the construction of the above factory, Defendant E shall pay to the above E Co., Ltd. a sum of KRW 220 million, which is KRW 4.235 million, which is the actual construction amount. On October 5, 2010, Defendant E Co., Ltd. created a total of KRW 150 million by receiving KRW 50 million from the Defendant’s national bank account in the name of the Defendant’s wife on October 19, 2010, KRW 50 million from the Defendant’s KF bank account in the name of the Defendant’s wife on December 27, 2010, and KRW 50 million from each deposit account in the name of F Co., Ltd. on December 27, 2010.

On September 1, 2011, the Defendant borrowed KRW 250 million, including KRW 100,000,000,000,000,000,000,000, which was loaned as a security to the apartment owned by the Defendant, as a result of the need for business, to a private person’s H representative of the cooperative company G, but the Defendant received KRW 100,000,000 from the separate expense created by the victim company on June 29, 2012, and instead the Defendant took out a loan from the victim company.

On May 24, 2014, the defendant was offset by KRW 100 million, and was returned to the new bank account of a separate corporation I, a separate corporation that was managed by the defendant at the time.

In this regard, the Defendant was a victim company that entered the said bank account in the name of the said corporation I on May 30, 2014.

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