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(영문) 의정부지방법원 2015.01.05 2014고단1819
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

Punishment of the crime

From February 2010 to March 2014, 2014, the Defendant has worked as the head of the victim’s “Diplomatic Association” (hereinafter “victim’s Association”) comprised of the members of the Eunpyeong-gu Seoul Metropolitan Government Association for the construction of a commercial building, and has been engaged in the business of the Association.

On October 22, 2012, the Defendant received a written consent for the return of each deposit and a certificate of personal seal from 46 members by explaining that the Defendant need to move the sales contract amount directly to another trust company, or ordering the general partner of the victim union to gain opinions from the members of the association. On November 22, 2012, the Defendant requested the return of the deposit to the Asian trust using the written consent for the return of the deposit and the certificate of personal seal impression, which received KRW 43 million from the Asian trust to the Industrial Bank of Korea account in the name of the victim’s association from the Asian trust to the victims’ trust account.

On June 8, 2013, the Defendant purchased a large volume of external vehicles from F, a living together with the Defendant, in the office of the Victim’s Union, and raised a big profit from selling them. On the other hand, the Defendant collected only the down payment, and then purchased the vehicle after receiving it, sold it immediately after receiving it, and sold it to the corporation, and the obligation to repay the loan amount much to the short-term period by imposing it on the corporation all, and then making an investment of the money corresponding to the down payment for the seven external vehicles ( approximately KRW 440 million). Accordingly, our country may bring about a profit of approximately KRW 300 million in the amount of KRW 40 million after three weeks. In response, around July 8, 2013, the Defendant arbitrarily consumed KRW 400,000,000, which was kept in custody for the Victim’s Association by dividing it into three accounts designated by F and then remitting it into three.

Accordingly, the defendant embezzled the victim's property.

"2014 Highest 2321" Defendant shall be the defendant on February 1, 2010.

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