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(영문) 서울서부지방법원 2014.02.18 2013고단2645
업무상횡령
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

, however, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On July 27, 2011, the Suwon District Court was sentenced to two years of suspension of the execution on August 4, 201, for the crime of occupational embezzlement, and the judgment became final and conclusive on August 4, 201.

Defendant

A is the actual operator of the Victim (State)G (hereinafter referred to as “victim”) who was engaged in the operation and overall fund management of the said company, and the defendant B is the person who was engaged in the fund management as the representative director in the name of the said victim company.

1. On September 12, 2007, the Defendants conspired and embezzled the funds owned by the victim company 30 million won at will by using the funds owned by the victim company 120 million won as the capital increase of the victim company owned by the Defendant A as the capital increase of the victim company operated by the Defendant A as a separate business entity, after Defendant B withdraws from the funds owned by the victim company 120 million won without any collateral without undergoing the board resolution or any other internal procedure at the victim company office located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government office. From that time until December 12, 2007, the Defendants embezzled the funds owned by the victim company 30 million won at will by using the funds owned by the victim company 30 million won in the following manner as the list of crimes:

On September 12, 2007, 120 million won for the first capital increase in the operation of Defendant A on September 13, 2007, “30 million won in total for the payment of I employees’ benefits on December 12, 2007, 300 million won in total 100 million won in December 12, 2007 - crime list-

2. The sole criminal conduct of Defendant A;

A. On September 21, 2007, the Defendant embezzled funds of 20 million won owned by the victim company and embezzled them by arbitrarily withdrawing funds of 20 million won owned by the victim company, which had been kept in the Japanese bank account under the name of the victim company without any collateral, without going through a resolution of the board of directors or other internal procedures at the above victim company office.

B. On November 20, 2007, the Defendant did not undergo a normal internal procedure, such as a resolution of the board of directors, at the above victim company office.

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