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(영문) 울산지방법원 2014.10.16 2014고단740
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from May 13, 2013, operated the Victim D Co., Ltd. D (hereinafter “victim”) for the purpose of manufacturing and selling motor vehicle parts in Ulsan-gun, Ulsan-gun, for the purpose of manufacturing and selling motor vehicle parts, etc. from May 13, 2013, has been comprehensively in charge of the affairs of the Victim

On the other hand, the victim company was under the actual management from January 16, 2013 because E, the representative director of E, did not repay the debt amounting to KRW 500 million to creditor F, and E, in order to settle the debt amount and recover the management right of the above company from F, in April 2013, in order to recover the management right of the above company, after paying the debt amount to F by investing KRW 500 million in the above company to the above defendant, the above company's management right has been recovered from F. If the above company's management right has been recovered from F, it is suggested that the above company's management right has been exceeded to be paid from the defendant while engaging in business activities for the customer who the above company had owned, and the defendant accepted the above proposal and prepared a written agreement on May 13, 2013 and a written agreement on business consultation on May 29, 2013.

Therefore, the Defendant, by settling the debt relationship with F from E to find the right of management of the victim company, was delegated to manage the company in fact so that the above company can be operated normally, and had the company keep its own machinery and gold-type properties for business purposes.

Nevertheless, on June 28, 2013, the Defendant used 1720,000 won, out of the proceeds from the lease of presses, which are owned by the said company to G, in order to pay the installment of the Defendant’s vehicle, during the course of business custody for the said company, and thus, during the period from around September 11, 2013 to around September 201, the Defendant actually manages the victim company, 42,222.

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