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(영문) 청주지방법원 2017.02.16 2016고단527
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, “2016 Highest 527,” worked as the Vice-President of the Victim C Co., Ltd., Ltd., a victim of the Damage from August 2014 to October 2015, and purchased and exported construction machinery.

In order to export to Peru on September 2015, the Defendant purchased one set of DNA excavation machines as a brokerage of F, which is a construction machinery purchasing company, and kept in custody for the victim in the Kim Sea workplace for the sake of the victim, the Defendant is obliged to arbitrarily dispose of them and use the proceeds in the repayment of the Defendant’s personal debt. On September 22, 2015, the Defendant called F at the workplace located in Kim Sea-si, Kimhae-si, with the intention of using the proceeds in the payment for the Defendant’s personal debt, etc., and replace the digging machine by sending the phone to F on September 22, 2015.

If a re-purchaser purchases a softener, the amount will be at a higher price than the market price.

“After concluding a contract to sell the above mining ground amounting to KRW 82.5 million to F, F sent the remainder of KRW 35 million on September 22, 2015, and KRW 47.5 million on October 1, 2015 to the Defendant’s corporate bank account; and then, on October 1, 2015, documents related to the registration of the mining groundr were sent to F to F, and then was sent to F on October 2, 2015.

Accordingly, the Defendant arbitrarily disposed of one of the 95 million Won of the market value owned by the victim in the course of business and embezzled it.

The Defendant, from around 2011 to 2088, purchased parts of the parts entering the digging season and made them sell them overseas, and received an investment from the victim G in the name of the purchase fund of parts, and made a transaction to return the investment amount to the victim within 40 to 50 days from the date of receiving the investment money.

1. On November 201, 2012, the Defendant was guilty of money invested in the business leasing clicker of the Philippines. The Defendant rent for the lease of clicker to the victim on the land of Cheongju, Cheongju, Cheongju.

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