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(영문) 수원지방법원 안양지원 2015.09.04 2015고단478
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the operator of the (main)C who engages in the business of purchasing, developing, etc. of used semiconductor equipment from a large enterprise.

1. On October 23, 2012, the Defendant entered into a contract with the victim’s representative F and the internship’s investment contract (LEFAB (LE semiconductor manufacturing factory) at the office of the victim (ju)E of the D building C, Geumcheon-gu Seoul, Seoul.

The content of the contract was that “(State)C provides technology and services necessary for the LED FAB project, and the victim shall pay the necessary expenses to the victim, but if the C claims the necessary expenses, the victim will send the funds after the review and receive an enforcement report, and both profits shall belong to the victim and (State)C shall receive the fees from the victim.”

Accordingly, while the defendant is engaged in the business of purchasing equipment on behalf of the victim and concluding a service contract on November 27, 2012, the defendant reported to the victim a estimate for KRW 60,000,000 for the purchase price of the Etchier LAM STR-2300, and the "Stchier's semiconductor production equipment" on November 29, 2012 for KRW 200,000 for the cost of repair and repair KRW 200,000,000,000 for the above EtchiLM STR-230,000 purchase price for the victim, and the victim transferred it to the victim in the name of the company (C) on December 3, 2012, to pay KRW 26,520,000,000 for the cost of repair and repair, KRW 520,00,000,000 for the state bank.

While the Defendant kept 200 million won of the expenses for the repair and repair remitted as above for the victim, on December 10, 2012, the Defendant embezzled by consuming the said expenses as the repayment of the obligation to the State (State) International Ethmnas, etc., in the manner of mind.

2. On April 1, 2013, the Defendant in breach of trust entered into a contract to borrow KRW 900 million from the victim’s representative F and the Defendant from the victim’s victim’s representative F and the Defendant’s representative F in the Geumcheon-gu Seoul Metropolitan Government Office (AD) EE office, and KRW 1170,000,000 in total of 37 semiconductor equipment owned by C.

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