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(영문) 춘천지방법원 2019.02.20 2018고단528
업무상횡령등
Text

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

Reasons

Punishment of the crime

Defendant

A is a person who works as a managing member of a limited partnership C (current limited partnership D) in Gangwon-gun B from around 1994 to November 201, 2016, and is in charge of fund management, and E is a person who works as the managing director of the above limited partnership company and takes charge of the welfare of employees.

1. On April 2016, the Defendant, within the office of the above limited partnership company, instructed the Defendant, by taking advantage of the fact that he/she had the custody of the corporate seal impression of the above limited partnership company within the office of the above limited partnership company, that he/she would be aware of the place where he/she would be able to borrow money by collateraling a bus owned by the juristic person without the consent of all the members, and that he/she would be able to borrow money from E without the consent of all the members individually and specifically delegation or consent of F, the representative employees. Upon introducing H, a corporation operated by E, a foreign service company of E, the Defendant introduced from E, to offer the bus owned by the above limited partnership company

On April 1, 2016, the Defendant, without authority, printed out the documents stating “C limited partnership company H” in the creditor column, “C limited partnership company H” in the debtor column, and “F of the C limited partnership company representative director” in the column for repayment, without authority, with the intent to exercise the said limited partnership office, and affixed a corporate seal on the side of the part stating “F of the C limited partnership company representative director.”

On April 6, 2016, the Defendant continuously instructed the above E, and exercised the private document under the name of C (former limited partnership D) of the limited partnership company over five times in total, as shown in the attached list of crimes (1), as if the public service offices of the office of the office of Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, which knew that the loan certificate was forged.

2. The Defendant’s occupational embezzlement is the above one.

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