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(영문) 대구지방법원 서부지원 2013.03.14 2012고단1002
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From November 28, 2011, the Defendant established the Victim E Co., Ltd. (hereinafter referred to as “victim”) and agreed to operate the scrap metal business together with C and Gyeongbuk-gun, and invested KRW 50 million in C, thereby becoming the representative director. The Defendant, as a business director in charge of collecting and selling scrap metal, deposited the amount of collection and sale of scrap metal into the corporate passbook under the name of the victim company (hereinafter referred to as “corporate passbook”), and decided to distribute profits.

1. Nevertheless, on December 2, 2011, the Defendant sold 9,140 g of mechanical scrap metal to the FF company in Daegu-gu, Daegu-gu, and used 3,830,000 won for the personal use of the cost of living, such as cost of living, etc., for the victim company.

2. On December 10, 2011, the Defendant sold an annual dust in the G company G G company at the time of Chungcheongnam-si, Gyeonggi-do, and received KRW 1,058,850 from the sales proceeds, and was kept in custody for the victim company, the Defendant did not deposit it into the corporate account at the time, but consumed it for personal purposes, such as living expenses, at will.

3. On December 24, 2011, the Defendant withdrawn KRW 600,000 from the above corporate passbook and arbitrarily used the Defendant’s treatment expenses while keeping and managing the corporate passbook in which C deposited investment money for scrap metal business at the Seongbuk-gu Seongbuk-gu Seongbuk-gu’s Seongbuk branch.

4. On December 26, 2011, the Defendant withdrawn KRW 1,000,000 from the corporate passbook in the same manner as in paragraph 3 at the same place as in paragraph 3 and arbitrarily used it for the Defendant’s license fees.

5. On December 31, 201, the Defendant sold 11,870km in the Daegu-gu H company on December 31, 2011 and stored KRW 5,222,80 for the victim company, but did not deposit in the corporate passbook at around that time, and consumed at will for personal purposes such as living expenses.

6. On January 2, 2012, the Defendant sold 7,990kg of raw metal at the Daegu-gu I company.

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