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(영문) 인천지방법원 2013.11.13 2012고단8342
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Between September 10, 2009 and August 8, 2011, the Defendant served as a major shareholder and auditor as the Plaintiff, Inc. F [the name changed to State F, Sept. 10, 2009, Oct. 10, 201, Nov. 10, 201, and E], a telegraph of the Victim E Co., Ltd., Ltd., the 8th floor of the Seoul Gangnam-gu D Building, Seoul, for the purpose of serving as the major shareholder and auditor.

The injured party is a juristic person established for the purpose of real estate development business, etc., and around September 2009, the injured party was a person who was engaged in the management of the task force team, such as the decision on the execution of funds, the field golf course in the Philippines and the field development project, etc., with the investment of a total of 6.45 million won (45 billion won around September 2009, KRW 1 billion around January 27, 2010, KRW 5 billion around July 2010, KRW 5 billion) from H who decided to jointly conduct the above business from the accused and the above business. The accused was a person who was engaged in the management of the project force team, such as the repayment of company debts, etc., while carrying out the above business as the representative director, and the accused was willing to use the funds borrowed from I for personal purposes, such as paying off company debts.

Criminal facts

1. Around January 27, 2010, the Defendant, through the repayment of personal debt, was aware that at the F Office of the F Office of the foregoing Co., Ltd., the amount of KRW 6.2 billion was deposited by I out of the total amount of KRW 6.2 billion, with the intent to pay the said amount of debt that he/she had paid to his/herJ.

The Defendant directed H to the effect that “30,000,000 won out of the investment money to be deposited in the company is urgently required, and given the above money to K’s account,” the Defendant embezzled the amount equivalent to KRW 30,00,000 from around the time to December 10, 2010 as shown in the annexed List of Crimes (1) as well as from around the time of the transfer of KRW 30,00,00 to the Daegu Bank account of K, the husband of the aboveJ, and embezzled the amount equivalent to KRW 332,160,50 in total, five times during the period from around the time of the transfer to December 10, 2010 as part of the annexed List of Crimes.

2...

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