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(영문) 서울중앙지방법원 2016.08.11 2014고단6164
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2011, the Defendant registered as a director of the Victim G Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) operating a comprehensive Internet construction material (hereinafter referred to as “victim Co., Ltd.”) and was in charge of the same scrap metal business as a director in charge of overseas and engaged in the management of the proceeds from the sale of scrap iron.

On October 12, 201, the victim company purchased 3,204 tons of scrap scrap, such as scrap and heavy equipment, from the construction company, etc. located only at the Khyer site, at US$ 9,525,00, and promoted the business of selling the said scrap scrap and raising profits in the difference.

The victim company received investment or borrowed money from several companies in order to raise funds for the purchase of scrap metal, and around January 2012, the company that decided to cancel the advance purchase of scrap metal equivalent to US$ 2,500,000. Accordingly, the victim company borrowed the funds rapidly due to the shortage of business funds. On January 18, 2012, the victim company borrowed 1 billion won from H for three months from H Co., Ltd., the victim company borrowed 1 billion won from H, the representative director I of the victim company, and the father L owned by the victim company, the owner of the company, set up a collateral security interest on the apartment, the owner of the victim company, and the right to claim the return of the deposit of the deposit of 310,000,000 won in Yongsan-gu, Seoul Special Metropolitan City, which is the defendant's residence.

When the victim company borrowed money from H, the defendant sold the above scrap metal purchased from the victim company as security, and did not notify the company of the fact of selling the scrap metal after selling the scrap metal purchased from the victim company, with the intention of using part of the proceeds for personal use.

On February 20, 2012, the Defendant sold the scrap metal of the victim company to N companies in the local area at O companies at Os in charge of the sale of scrap metal at Os only in charge of the sale of scrap metal at Os. 5.

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