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(영문) 인천지방법원 부천지원 2013.09.27 2012고단1903
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

The Defendant from around March 25, 2005, 2012 Highest 1903, as the representative director of the V Co., Ltd. and the president of the victim V Co., Ltd., the Defendant has been engaged in the business of collecting and disbursing membership fees of the victim from March 25, 2008.

In order to dispose of membership fees for other purposes, the victim's membership fees shall be used as a congratulations for the members of the private society, and in order to dispose of the membership fees for other purposes, the resolution procedure of the deliberation committee belonging to the victim shall be followed and the requirements for

Nevertheless, the Defendant did not go through the above deliberation committee’s resolution procedure.

1. Around December 24, 2010, one bank located in the Dong-dong, Seocheon-gu, Seocheon-si and has been in custody for the victim for its business purposes. Around that time, it provided a security and used a loan of KRW 40 million for the operating fund of the said stock company and used it for personal purposes.

2. Around August 17, 2010, 33,697,978 won of the deposit owned by the victim was kept for the purpose of the victim in Samcheon-gu, Seocheon-gu for the purpose of the victim’s business. Around that time, it provided as security and borrowed KRW 50,000 to the above corporation’s operation fund and personal use.

Accordingly, the defendant embezzled the victim's property.

around December 20, 2011, the Defendant made a false statement to the effect that “The Defendant would simultaneously pay 5% interest and principal after a week if he/she lends money to the Defendant for a game” to the victim W, at the Gangwon-do Casino casino located in 424 North Korea, Seowon-gun, Seowon-gun, Gangwon-do.

However, in fact, the V Co., Ltd., in which the defendant had been employed as the representative director at the time, was difficult to operate approximately 12.3 billion won due to its net loss, and it had already been on June 10, 201, and there was a little possibility that the defendant could receive approximately 6.7 billion won from the above company by seizing the claim of the above company from X Co., Ltd., a creditor of the above company ( approximately 490 million won of the claim amount).

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