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(영문) 창원지방법원 마산지원 2014.10.22 2014고단783
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The defendant is the representative director of the (ju)C established for the purpose of general sales, etc. of petroleum products and is a person who exercises overall control over the operation of the corporation and fund management;

The Defendant, while accepting the (State)C from D, had the name of the representative of the said State C, had already been transferred to the Defendant, and had the money of the said State as the funds of the corporation of the State. The Defendant had the mind to arbitrarily use the said funds for acquisition.

On February 29, 2012, the Defendant withdrawn 65 million won from the account in the name of the said corporation under the name of the said corporation for provisional payment without following lawful procedures, such as approval by the board of directors, and arbitrarily consumed it to the said D, without any agreement on interest or maturity for repayment, while the Defendant kept the C Fund for business purposes at the office of Tong-si E and 206 (State).

B. On September 30, 2013, the Defendant transferred KRW 179,90,000 from the account in the name of the said corporation to the Defendant’s wife F in the same manner as the provisional payment at the place indicated in the foregoing paragraph (a), and arbitrarily consumed G apartment 104, 1703, G apartment 1703, which is an apartment owned by the Defendant’s individual, for the purpose of performing the obligation of collateral security.

2. The Korea Fraudulent Credit Guarantee Fund is a non-profit special-purpose corporation established under the Act on Credit Guarantee Payment in order to facilitate financing for enterprises by guaranteeing the debts of enterprises which lack security capacity with government contributions, etc., and the driving fund guarantee system is a guarantee for funds necessary for the operation of enterprises, such as purchase of raw materials and payment of personnel expenses, and funds received as security for credit guarantee shall be used for the purposes of funds presented at the time of application for guarantee and shall not be used for purposes unrelated to business activities;

The defendant around March 2012, at the center of Tong Young-si, 297, and at the victim credit guarantee fund heading 9th floor of Samsung Bio-building, in the name of oil purchase price.

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