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(영문) 부산지방법원 동부지원 2017.05.10 2017고단282
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was the representative of the F loan located in Suwon-gu, Busan, and D is a substantial operator of the above company, and G is a person who was the representative director in the name of the above company.

In 199, the victim company did not obtain construction completion permission due to the financial situation, etc., even though some occupants moved in the above loan, and it did not receive any balance of the sales price from the above occupants.

The Defendant and D, the representative of the occupants of the above loan, received the loan in the name of each of the above tenants as security and paid the money to the victim company as the balance of the sale price, etc., after the completion permission of the loan, for the registration of the transfer of ownership after the completion permission of the loan, and at the same time, the said tenants received the loan in the name of each of the above tenants as security.

On June 18, 199, when D was at the detention house, around June 18, 199, G delegated the above registration procedure, payment of the remainder of the sale price, and settlement of the balance of the purchase price of land to the land seller, etc. to the defendant who was aware of the above loan's legal relationship in detail.

Around July 16, 1999, the Defendant received loans of approximately KRW 778,00,000 in the name of the above occupant and deposited the money into a housing bank account under the name of the victim company, and transferred the said money to the housing bank account under the name of the defendant in order to prepare for seizure of the account.

While the defendant kept the above money for the victim company for business, he voluntarily withdrawn approximately KRW 160 million out of the above money owned by the victim company at the Housing Bank located in Busan-dong, Busan-dong, Busan-dong, and embezzled the above money at around that time by using it as his air ticket cost, etc. at Busan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. G and H.

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