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(영문) 울산지방법원 2020.10.30 2019고단2759
업무상횡령
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 September 2, 2016 to January 2, 2018, the Defendant was the president of the Promotion Committee of the Regional Housing Association (hereinafter referred to as the “C Association”) which was a company in charge of the construction of multi-family housing with 4,39 households in a total of 18,655 square meters in Ulsan-gu, Ulsan-gu, Seoul-do, and is the representative director of the Corporation D, a corporation established to perform services, such as purchase of land of the said C Association and lending of funds.

The facts charged of E (Defendant 2018 Godan1721) was sentenced to imprisonment on the same day by collusion with the Defendant that the crime of occupational embezzlement, such as the facts charged in paragraph (1) of this Article, was committed. The above CF’s representative director who is an agent of the KAF, and around March 9, 2016, he/she engaged in the fund management affairs necessary for promoting the establishment of the partnership according to the fund management contract concluded between the above CAF and the KAF and the F.

1. Around January 24, 2016, the Defendant and the Defendant of the joint criminal conduct with E and H entered into a construction contract with H, the representative of the KUB and the CUJ in Ulsan-gu, Ulsan-gu, for the inside of the facility of the CUB, and the fact was agreed to provide construction cost of KRW 470,000,000,000, and the construction cost of which is KRW 970,000,000,000,000,000.

Thus, the Defendant and E and H shall newly prepare a false construction contract, the construction cost of which is KRW 1.67 billion, including value added tax, and shall submit it to the KG which is the fund manager of the CG to the KG and request the funds. On June 23, 2016, the Defendant and E and H shall pay KRW 330 million from the KG to the Saemaul bank account (K) in the name of the KG in the name of the KG in charge of the KG, and KRW 330 million in the name of intermediate payment in the name of the Busan Bank (L) account in the name of the KG in the same day.

9. 28. A total amount of KRW 470,000,000,000,000 to the said I Account was received three times in total, including the transfer of KRW 470,000,000 to the said I Account.

The Defendant, E, and H paid KRW 1.00,000,000,000 as above, KRW 300,000,000 from the creditor M M M M’s account in July 21, 2016. The amount of KRW 30,000,000 shall be around July 25, 2016.

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