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(영문) 의정부지방법원 2014.10.01 2013고단4624
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 16, 1994, the Defendant established a mutual legal entity of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) for the purpose of the textile manufacturing business, the construction and sales of the board, and the sales business in Gwangjin-gu Seoul Special Metropolitan City. From that time, the Defendant operated the Victim Co., Ltd. as the representative director of the Victim Co., Ltd., and managed all the fields such as product production, sales,

1. On April 18, 201, the Defendant, at the victim company’s office, transferred KRW 550 million to an enterprise bank account under the name of the victim company as a customer of the victim company, from Gyeong L&C Co., Ltd., a business partner of the victim company, to an enterprise bank account under the name of the victim company, and used KRW 348,185,446 for five times during this period on April 18, 201 and April 19, 201, transferred KRW 121,358,780 remaining after being used for repayment of the loan borrowed from F corporation due to the shortage of the funds of the victim company to the corporate bank account under the name of the victim company, and used KRW 50 million for the personal debt repayment and living expenses around that period.

2. On October 12, 2011, the Defendant: (a) borrowed KRW 34,885,824 from G, which was known to Pyeongtaek, and kept for the sake of the victim company; (b) around that time, the Defendant arbitrarily used KRW 14,885,824 under the name of the Defendant’s personal debt repayment and living expenses.

3. On January 12, 2012, the Defendant transferred the above claim of the Victim Company to the said G in order to repay KRW 34,885,824 of the borrowed amount borrowed from G, as prescribed in paragraph (2), around February 17, 2012, while the Defendant was holding the claim amounting to KRW 51,283,381, the sum of the principal and interest of the purchase amount received through a civil lawsuit against P&C, which is the counterpart transaction company of the Victim Company. Accordingly, the above G transferred the above claim to the said G in order to repay the borrowed amount of KRW 34,885,824, based on the transferred claim, and KRW 51,283,381, based on the claim attachment and collection order.

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