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(영문) 광주지방법원 목포지원 2012.09.18 2012고단880
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

C is the representative director of the Korea Agricultural Corporation D Special purpose Company established by Busan Savings Bank Corporation (hereinafter “Co., Ltd.”). The defendant is the head of the farming-general team of the damaged company, who is the head of the farming-general team of the victimized company, and if the C and the defendant are engaged in the business of maintaining and managing the farmland owned by the victimized company, they are engaged in the business of maintaining and managing the farmland, and if profits occur in the course of maintaining and managing the farmland, they

Nevertheless, C and the Defendant leased farmland owned by the victimized company to E, etc., a fish farm business operator, and conspired to use the farmland for personal use by receiving rents from them.

On December 10, 2009, the Defendant leased approximately KRW 700,000 square meters of farmland owned by the victimized company E, a fish farm business operator, in F, etc. in the Shinan-gun, Jeonnam-gun, and received KRW 10,000,00 from G under the name of G (H) as rent, along with C, around December 10, 2009, the Defendant used KRW 25,000,000 from 13 lessees to March 11, 201, while performing duties for the victimized company, they did not deposit it into the corporate account, but used it for personal purposes, such as appropriation of living expenses, repayment of debts, etc. around that time.

Accordingly, the Defendant embezzled the property of the victimized company in collusion with C.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each protocol concerning the examination of the accused by the prosecution;

1. Part of each protocol concerning the examination of suspect C by the prosecution;

1. Statement of the police statement to I;

1. A copy of each fact-finding certificate of J, K, L, M, N, andO;

1. A copy of the confirmation of occupancy of each land of P, Q, R and S and payment of user fees (the investigative record No. 339 pages, No. 415 pages or less);

1. Current status of lease of fishing grounds, and list of leased fishing grounds by lessee;

1. Each specification of transactions, a detailed statement of savings deposit transactions (investigative records No. 340 pages) and each self-reliance deposit;

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