(영문) 광주지방법원 2014.01.03 2013고단4490

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(영문) 광주지방법원 2014.01.03 2013고단4490

업무상횡령등

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. From November 1996, the Defendant: (a) from around December 2, 2009, while serving as a director at the victim D Co., Ltd (hereinafter “victim Co., Ltd”); (b) from around December 2009, the Defendant, a senior employee of the Defendant, was in charge of bid, accounting, and construction site management.

On November 2010, the Defendant, upon receiving an order from the above C to pay the repayment of loans and interest at the construction mutual aid association or mining concession site, withdrawn KRW 20 million from the passbook under the name of the victim company managed by the Defendant, and embezzled the Defendant’s arbitrary consumption of credit card payment, credit payment, living expenses, etc., during his/her business custody for the victim company.

B. Around December 21, 2009, the victim company received a contract for the construction of the construction of the construction of the construction of the construction of the construction of the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building.

(1) On December 31, 2010, the Defendant: (a) transferred the progress payment of KRW 21,319,060 to a passbook of a national bank in the name of the victim company managed by the Defendant; and (b) embezzled KRW 1,319,060 on the part of the victim company by arbitrarily consuming the progress payment of KRW 21,319,060 on the part of the victim company.

(2) On November 18, 201, the Defendant, who was transferred KRW 67,248,430 for the above progress payment to a passbook in the name of a national bank in the name of the victim company managed by the Defendant, and embezzled KRW 248,430 for personal use.

(3) On February 17, 2012, the Defendant: (a) transferred the progress payment of KRW 19,220,980 to a passbook in the name of a national bank in the name of the victim managing the Defendant; and (b) embezzled by arbitrarily consuming the vehicle due to installment payments, personal debt payments, living expenses, etc. for the victim company.

C. The victim company shall be transferred to and from April 21, 2010.

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