(영문) 서울북부지방법원 2015.03.05 2014고단1282

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(영문) 서울북부지방법원 2015.03.05 2014고단1282

업무상횡령

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who was in charge of overall management at the construction site and fund management at the victim D Co., Ltd., a company that mainly engages in waterproof-gun, Seoul, from October 2007 to December 201, 201.

The Defendant, under an investor E and F’s guarantee, received approximately KRW 180 million from a financial institution, with the operating funds equivalent to KRW 100 million from a financial institution, for the purpose of using the funds as personnel expenses and material purchase expenses required at the construction site, and there is no living expenses at the time and there is a need to repay personal damages, and thus, he was able to embezzled the funds of the victim.

1. The Defendant, while keeping a passbook and card in the name of the victim in custody for business purposes through a financial account opened in the name of the victim, withdrawn KRW 850,000 in cash from the Agricultural Cooperative (G) account in the name of the victim from January 28, 2010, and embezzled at around that time for personal use, such as living expenses, etc. for personal use as indicated in the attached Table 1 from December 6, 201 to December 6, 201.

2. The Defendant, while keeping a passbook and card in the name of the victim and keeping the victim’s funds in business via a financial account opened in the name of the victim, embezzled 60,000 won from the Agricultural Cooperative account in the name of the victim from February 20, 209 to the H account in the name of the creditor of the victim by voluntarily using the victim’s funds in repayment of his/her personal debt, and embezzled it from that time to November 18, 201, as indicated in attached Table 2-1, 2-2, and 2-3, all of which were 11,969,50 won owned by the victim on 77 occasions, such as personal debt, family money, and living expenses.

3. On June 16, 201, the Defendant: (a) Gwangju International Apartment.

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