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(영문) 수원지방법원 안산지원 2017.04.27 2016고단1036
업무상횡령
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A is a person who has been in charge of accounting duties at F Co., Ltd. with the damaged party in Ansan-si E from November 5, 2012 to August 20, 2014; Defendant B is a person who has been in charge of accounting duties at the victim company from June 2013 to August 20, 2014; and Defendant B is a person who has been in charge of accounting duties at the victim company from June 2013 to August 20, 2014 with a proposal that the injured party would be able to help at the time of successful bid of a new G factory in the future.

On November 2009, H, the representative director of the victim company, was suffering from economic difficulties due to the factory fire, and due to that, around February 2013, 2013, the company established the defendant A, which was the defendant I, to prepare for the failure of the victim company to take corporate rehabilitation procedures. Accordingly, part of the funds of the victim company was managed by using the defendant A's account in the name of the defendant.

However, the Defendants, who did not thoroughly manage the Company’s funds and did exclusively take charge of the management of the Company’s funds to Defendant A by using the borrowed name account, etc. in Defendant A’s name. From November 1, 2013, the Defendants agreed that the Defendants engaged in the same business and carried out the I’s business separately from the Victim Company.

1. Joint crimes committed by the Defendants

A. The Defendants, around January 6, 2014, remitted the amount of KRW 30 million from the victim company to the KCAJ, which is a business partner, to Defendant B operated.

At around the seventh day of the same month, Defendant A shall receive 30 million won by taking into account the inventory of the company and the schedule of our production in the case of having received the above money from the company bank account in the name of Defendant A after sending it to the company bank account in the name of Defendant A on the same day after having received the above money from Defendant A to the company bank account in the name of Defendant A.

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