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(영문) 인천지방법원 2017.01.19 2016고단5458
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On January 3, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the branch court of the Gwangju District Court, and the judgment became final and conclusive on January 14, 2013.

[Criminal facts]

1. The Defendant, at the D's law office located in Sinpo City around October 18, 2010, jointly take over and manage the victim E and the company (F) that manufactures iron plates, etc. necessary to complete a ship, but the victim first pays 100 million won to the Defendant for the initial acquisition fund, and the Defendant jointly uses the above KRW 100 million for the acquisition cost of the company that jointly operates the ship.

If a situation that cannot be accepted occurs, the Defendant entered into a partnership agreement with the content that the victim immediately return the above KRW 100 million to the victim.

On October 27, 2010, the Defendant transferred KRW 100,000 from the damaged person to the Agricultural Cooperative account in the name of the Defendant’s (State) under the above business agreement and embezzled KRW 43,60,000,000 to the Korean bank account in the name of S. member, and KRW 20,000,000,000 to the Korean bank account in the name of S. member industry, and KRW 20,000,00,000 to the company bank account in the name of the Hong Industry, and KRW 16,40,000,000,000 to pay the employee’s wages to the (State) foreign exchange bank account in the name of the Defendant’s (State) in order to pay the employee’s wages.

2. On November 201, 2010, the Defendant shall jointly take over the acquisition of the victim and “(state) I” with the victim (state) at the insular area below the end of the end of the month, and shall convert the amount of KRW 100,000,000,000,000,000,000,000,000,000,00

When the injured party (State) invests the I's acquisition fund in addition to the I's acquisition fund, the shares shall be adjusted according to the amount invested by the accused and the injured party during that period, and the injured party shall be appointed as the representative director.

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