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(영문) 대구지방법원 포항지원 2021.01.13 2019고단1704
업무상횡령등
Text

As to the crime No. 1, 3, and 4 in the judgment of the defendant, one year of imprisonment and the crime No. 2 in the judgment of the court.

Reasons

On December 24, 2010, the Defendant was sentenced to a suspended sentence of two months for a period of eight months due to a violation of the Punishment of Violences, etc. Act (joint injury), a crime of bodily injury, and a crime of assault at the Daegu District Court (Tgu District Court), and the judgment became final and conclusive on April 28, 2011.

On October 28, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing the performance of official duties at the Daegu District Court on November 7, 2016, and the judgment became final and conclusive on November 7, 2016, and paroled on August 14, 2017 during the execution of the sentence and passed on August 24, 2017.

The Defendant was a person who served as the representative director of the Victim B Co., Ltd. (hereinafter “victim”) from August 12, 1999 to March 25, 2013, and from January 19, 2014 to April 8, 2016, respectively.

1. From March 31, 2014 to March 17, 2016, the Defendant: (a) transferred KRW 4,00,50,500 to an individual account under the name of the Defendant while working for the damaged company’s office located in Nam-gu, Nam-gu; and (b) spent KRW 84,750,982 in the same way in total from one of the members at the port of port to 34 times in total from March 17, 2016, when he/she transferred KRW 4,00,50 in the course of operating funds of the victimized company to an individual account in the name of the Defendant at the port; and (c) used them for personal purposes in the manner of delivery at the port.

Accordingly, the Defendant embezzled the property of the victimized company.

2. On December 15, 2008, at the same place as Paragraph (1) and paragraph (1) of the same Article, the Defendant: (a) sold the number plate for the business of the E-vehicle owned by the victimized company to F; and (b) received KRW 9,090,909 from the account in the name of the Defendant and used it for personal purposes in the course of business for the victimized company; (c) around that time, from around December 2, 2010 to around August 2, 2010, the Defendant consumed KRW 42,356,307 in the same way as shown in the list of crimes (2) in total six times in the same manner from the day of port at port to August 2, 2010.

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