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(영문) 부산지방법원 2014.10.08 2014고단5943
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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, from November 28, 201, has been engaged in the management of the funds of the said company as the director in charge of the accounting of the Vietnam office of the victim B, a corporation in Vietnam, Dong-si, Dong-si, and Dong-si, the Corporation.

On November 28, 2011, the Defendant, at the aforesaid Vietnam office, embezzled the victim’s property at his/her discretion on March 11, 2012 while he/she kept the amount of USD 48,015, USD 357,05,564 (total equivalent to KRW 73,00,50) for the said company.

2. Any person who intends to conduct a foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities and professional human resources to conduct the foreign exchange business and register such business with the Minister of Strategy and Finance in advance.

Nevertheless, the Defendant, in Korea, made a person who wants to transfer money to Vietnam deposit money in Korean won with the account opened in Vietnam under the name of the Defendant, and paid the money to Vietnam through the account opened in the name of Vietnam, such as Vietnam, or through cash, and deposited the amount to be transferred from non-residents who wish to transfer money from Vietnam to Vietnam into Vietnam in the name of Vietnam, or paid the amount to be transferred from the non-residents who wish to transfer money to Vietnam into Vietnam through the domestic account opened in the name of the said Defendant in the name of Vietnam, or through the domestic account opened in the name of the said Defendant, through the domestic account opened in the name of the said Defendant, without actual foreign currency remittance, with intent to conduct foreign exchange business without registration with the competent authorities by means of a referring to the referring to the referring to the settlement after the settlement of the amount of Korean currency and the amount of transactions in Vietnam.

On November 5, 2012, the Defendant, on behalf of Vietnam, was transferred KRW 2,184,00 to the Agricultural Cooperative Account in the name of the Defendant from E residing in the international marriage office operated by the Defendant located in Vietnam-si, the Republic of Korea around November 5, 2012, and was written in attached list 1.

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