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(영문) 부산지방법원 2019.09.10 2019고합100
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by imprisonment for three years and by a fine of twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant stated in the instant indictment for the registration of the liquidation on July 3, 2017 as “the liquidation on November 29, 2018,” but it is recognized that the injured company completed the registration of the liquidation on July 3, 2017, as it has completed the registration of the liquidation on July 3, 2017.”

hereinafter referred to as "victim company"

On January 1, 199, the director in charge of the facility management becomes a member of the division in charge of the facility management and new construction of the facility, and takes charge of the performance of the contract, fund execution, etc. related to the contract, and after promotion to the director around May 2012, the management of the facility, contract, fund execution, etc. was comprehensively controlled.

The injured company was jointly invested and established by the terminal operators of Ebubhead, which was opened around June 1998, in order to manage the common areas of Ebubhead, such as power distribution teams, stores, parking lots, etc. from December 17, 1998. From around 2009 to 2013, the F in-house, G in-house, and H in-house management were jointly operated by the F in-house, G in-house, and H in-house, and from December 2013, since all the shares of the above terminal operators were transferred to I in-house management plan, the I in-house management company was operated by the I in-house management company.

The Defendant executed the corporate funds processed or appropriated in excess of the trading companies of the victimized company, and returned them to the cash or account, or transferred the corporate funds from the victimized company to the Defendant’s personal account by using false tax invoices received from the said trading companies, and was willing to use them voluntarily for living expenses, etc.

1. On April 22, 2010, the Defendant: (a) around April 22, 2010, demanded a trader to issue a sales invoice to the damaged company, which provides services, such as cleaning of substations, at the office of the victimized company; and (b) requested L, who was an employee in charge of accounting and accounting of the victimized company, to do so.

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