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(영문) 수원지방법원 성남지원 2013.06.14 2013고단376
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 29, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act by the Suwon District Court, and the said judgment became final and conclusive on October 7, 2011.

The Defendant is a person who actually operates the Victim D Co., Ltd. (hereinafter referred to as “D”) located in Seongbuk-gu, Sungnam-si, Sungnam-si, where he/she manufactures, imports, develops, and sells information and communications software.

1. On October 13, 2008, the Defendant in breach of occupational breach of trust: (a) at the F coffee shop located in Seongbuk-gu, Sungnam-si, Sungnam-si; (b) the representative director H of G (hereinafter “G”) to pay KRW 300 million to the I personally; (c) as the victim D borrowed 300 million from G in order to repay with G’s funds, and (d) requested the I to pay the money; (b) the Defendant in charge of D’s duties, despite having the duty not to perform any act that is likely to cause damage to D, was in violation of the said duty; (c) even though D did not borrow 300 million won from G, even though D did not borrow 300 million won from G, the Defendant prepared and delivered a letter of loan agreement to the effect that D borrowed 300 million won from G, thereby causing property damage equivalent to the same amount to D.

2. Occupational embezzlement;

A. Although J and K wage-related embezzlement Defendant did not actually work in the victim D, he prepared a false labor contract and arranged the book as if he paid wages to J and K, and had the amount equivalent to the wages used for personal purposes.

(1) On October 1, 2007, the J wage Defendant organized a book as if the amount of wages was paid to J at the office of the victim D in Seongbuk-gu L Building located in Sungnam-si, Sungnam-si, and then withdrawn KRW 3,221,060 from D’s deposit account to use it for personal purposes, including the withdrawal of KRW 3,221,060 from time to June 25, 2009 to time and use it for personal purposes. A total of 23 times, as shown in Appendix 1, as shown in Appendix 1.

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