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(영문) 서울중앙지방법원 2016.11.24 2016고단1646
업무상횡령
Text

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

Of the facts charged in the instant case, the deposit amount of KRW 310 million is to be paid.

Reasons

Punishment of the crime

[B] Around 2007, the Defendant purchased a commercial building in Jung-gu Seoul, Seoul, and newly built and sold an officetel in the size of 6th and 24th above ground. In carrying out redevelopment projects, the Defendant provided a total of 13 lots of land, such as the above land, from D and E, as collateral from D and E-type agents, and provided the same as the above land and its site for the borrowed money, thereby promoting the redevelopment project through the following PF lending.

Accordingly, the defendant, by requiring the above D to take over a corporation for the above redevelopment project, has taken over the victim's state F (hereinafter "victim company"), and worked as the representative director of the victim company from February 11, 2008 to August 1, 2008. On February 26, 2008, the defendant made the victim company as the debtor and provided 13 lots of land owned by the above siblings as security and made 5.64 billion won from the Korea Savings Bank (State) and 3 billion won from the Yong-Nam Savings Bank (State), each amount of loan stated in the bill of indictment of KRW 8.64 billion from the Korean Savings Bank (State) is a clerical error. Thus, it is obvious that the above amount of loan is a clerical error.

A loan made it and used it to take overall control of the affairs such as purchase of the building site around the above land and its neighboring commercial buildings.

【Criminal Facts】

1. On February 28, 2008, the Defendant: (a) around February 28, 2008, at the victim’s office located in Jung-gu Seoul Metropolitan Government, the Defendant received the above loans from the victim’s bank account in the name of the victim’s company; and (b) during his/her business custody for the victim’s company, he/she shall obtain a funding; (c) as a result, he/she should pay the fees for the above redevelopment project; (d) and (e) around that time, he/she shall withdraw KRW 250 million from the above account from the above account to H, who is the Defendant’s branch around that time, and then pays KRW 20 million to H as an allowance, with the amount of KRW 10 million,000,000 and KRW 20,000,000,000 to his/her employees, as an allowance.

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