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(영문) 창원지방법원 마산지원 2015.11.17 2015고단638 (2)
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 of the final judgment.

Reasons

Punishment of the crime

1. From June 20, 2013, the Defendant, as the representative director of D, a victim corporation of the victim C and 2 level from around 2013, was engaged in the business management of the company’s funds while exercising overall control over the above company’s business. A.

On December 20, 2013, the Defendant: (a) transferred KRW 10 million deposited into the Agricultural Cooperative Account in the name of the said D to the Agricultural Cooperative Account in the name of the Defendant’s name on the same day; and (b) arbitrarily consumed it as the payment for personal cards by transferring it to the Agricultural Cooperative Account in the name of the Defendant on the same day.

B. On January 29, 2014, the Defendant transferred KRW 10 million, which was kept in the Agricultural Cooperative Account in the said name D’s account, to the Agricultural Cooperative Account in the name of the Defendant on the same day, and arbitrarily consumed KRW 5,653,300 among them by using it as the payment for personal card settlement.

C. Around April 30, 2015, the Defendant deposited 100 million won from the F Housing Redevelopment and Development Project Association, the customer of the said D, to the Agricultural Cooperative Account in the said name as service costs.

5. Around 15.15. Around May 4, 2015. Around May 4, 2015, while keeping KRW 99.2 million, etc. deposited from the said Agricultural Cooperative to the said Agricultural Cooperative’s account under the same name, withdrawn KRW 100 million on or around May 18, 2015, and paid KRW 170 million among them to G on or around the basis of the suspect’s personal debt repayment.

On May 29, 2015, the Defendant transferred KRW 15 million, which was kept in the Agricultural Cooperative Account in the above name D’s account, to the Agricultural Cooperative Account in the name of the Defendant on the same day, and used it for personal debt repayment.

2. Violation of the Commercial Act;

A. On June 20, 2013, the Defendant deposited KRW 250 million, which was borrowed from H at the third village branch of the new bank in the first village of the new bank, with the shares paid in by D Co., Ltd., and withdrawn KRW 250 million immediately after the issuance of the certificate of stock payment custody from the said bank.

After that, the defendant is the Mao-si Kim Jong-si of the same day.

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