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(영문) 인천지방법원 2014.02.13 2013고단3878
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, 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

From July 1992, the Defendant was delegated by the actual representative E who established the Victim D Co., Ltd. D (hereinafter referred to as the “victim Co., Ltd.”) with overall management affairs of the Victim Co., Ltd. and worked as the representative director on registration from around that time. Around September 2008, the Defendant was delegated with liquidation affairs of the Victim Co., Ltd. and was engaged in liquidation affairs of the Victim Co., Ltd. and was engaged in liquidation affairs and liquidation affairs of the Victim Co., Ltd.

As above, the Defendant established a business entity called F (hereinafter “Defendant Company”) around December 24, 2008, when delegated the liquidation work of the Victim Company to E and settled the assets of the Victim Company by selling or disposing of the assets of the Victim Company, and tried to use the assets of the Victim Company continuously or arbitrarily by carrying them out to the Defendant Company.

1. On February 4, 2009, the Defendant arbitrarily released “Sevis”, which is a part of the Victim Company’s market value of KRW 4,840,00,000, from the Victim Company’s business and sold “Sevis”, which is a part of the Victim Company’s business for the Victim Company, to Japan at that time. Around February 10, 2009, “W59Y5315-SU”, which is a part of LED equivalent to KRW 9,581,00,000, the market price of the Victim Company’s business around March 6, 2009, and embezzled the part of the Victim Company’s 3,575,000, “SCREWBE (17TY)”, which is a part of the Victim Company’s business for the Victim Company, by selling it to Japan in the same way at around that time and selling it to G three times at a total amount equivalent to KRW 17,96,00,00.

2. Around March 31, 2009, the Defendant embezzled two automobiles owned by the victim company in total amounting to KRW 9,000,000, which are owned by the victim company and KRW 7,000,000 of the market price of HhoxG car and INEW EF La, which are equivalent to KRW 2,00,000, market price, for the victim company, by arbitrarily taking out and operating it to the Defendant company located in the Nam-gu Incheon Metropolitan CityJ for the victim company.

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