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(영문) 부산지방법원 동부지원 2015.02.13 2014고합213
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 28, 2005, the Defendant established the Victim G Co., Ltd. (hereinafter “F”) for the purpose of the experiment site costs processing and assembly business in Daejeon-gu, Daejeon-gu, Daejeon-gu, in order to take charge of the business management and fund management as the representative director of the said company, and continues to take charge of the above business until the date of merger with G Co., Ltd. (hereinafter “F”) around January 3, 2013.

Although G and I Co., Ltd. (hereinafter referred to as “J”) did not engage in real transactions with K,L,M, N, etc., the Defendant issued a tax invoice as if he received goods from each of the above companies, and transferred the amount from the public funds of J to the account in the name of the name of the issuer of the tax invoice, such as O, etc., the operator of the tax invoice, from which he remitted the amount excluding fees and value-added tax from each of the above companies to the account in the name of the Defendant’s relative relationship.

Around November 19, 2007, the Defendant embezzled the amount of KRW 8,800,000 from around that time to August 9, 2013 by using the same method as stated in attached Table 1 for the purpose of lending 213,126,880 won to the representative director other than a corporation, living expenses, and the employees working at the place of the order, for the purpose of using the amount of KRW 8,80,00 for the loan, living expenses, and the amount of KRW 213,126,80, as shown in attached Table 1.

2. Offering property in breach of trust and offering of bribe to P;

A. From January 8, 2006 to August 3, 2010, the Defendant received P through a ter on the ground that P was the head of the Nuclear Environmental Technology Institute (the organizational restructuring as the Nuclear Power Technology Institute on January 8, 2006) as the head of the Q2, from July 8, 2005 to January 3, 201, and from January 4, 201 to August 4, 201, as the head of the RR Team and the SCO, respectively.

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