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(영문) 창원지방법원 거창지원 2021.02.17 2020고단275
업무상횡령
Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

Defendant

A is the actual representative of the victim D Co., Ltd. in Gyeong Chang-gun, Chungcheongnam-gun, who is a general manager of the damaged Co., Ltd., and Defendant B is a building business operator who engages in a building business under the trade name of “F” in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and is a building business operator who performs a building construction work on the land located in Daejeon-gu G located in Daejeon-gu, Daejeon

1. While Defendant A, as the representative of the victimized Company, kept the funds of the victimized Company as a business, he prepared a false solar structure construction contract with a housing construction business entity, pretended to pay the damaged Company’s funds as the above construction cost, and in fact, he thought that the said funds were used as a housing construction cost for personal use by the Defendant.

Accordingly, the Defendant requested B, around November 2017, to construct a house for personal use on the land located in the Daejeon Seodong-gu G, Daejeon, to the effect that “In order to process the construction cost of the house built by our husband and wife residing at the expense of the victimized company and F, I would prepare a false solar structure construction contract between the victimized company and F, issue the tax invoice and request B to do so as to do so,” and that B accepted this, the Defendant issued a false tax invoice as if B prepared eight false solar structure construction contract from November 2017 to paid the construction cost under the above solar structure. On November 29, 2017, the Defendant issued a false tax invoice as if B had paid the money as the construction cost under the name of the above solar structure, from November 29, 2017 to the new bank account (I) in the name of “D (State)” to B from 500,000 to June 15, 2018.

This is the defendant's damage company in occupational custody.

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