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(영문) 창원지방법원 거창지원 2012.09.19 2011고단457
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From July 10, 2008, the Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) who is the victim for the purpose of real estate trade, lease, etc. from around July 10, 208, and E is a director of the Victim Co., Ltd. from around July 10, 2008.

On July 9, 2008, the Defendant received from E an emergency fund of KRW 160,000,000 from the victim company, and in return, 50% of the interest of the victim company is given to E, and when profits are generated from the real estate owned by the victim company, the Defendant promised to make a prior consultation with E and deliver 50% of the interest to E.

1. The Defendant was well aware that, on March 2011, at the time of occupational embezzlement, the Plaintiff was accommodated in the Gyeongcheon-gun, Gyeongcheon-gun, the Defendant owned by the victim company, Gyeongcheon-gun, and 14 lots of land and its obstacles, and that 980,885,670 won would be paid as compensation, but did not fully inform E as a shareholder of the details of expropriation or compensation.

On May 19, 201, the Defendant received KRW 328,370,000,000 from Gohap-gun to his own agricultural bank account, and KRW 250,000,000 from his own national bank account, respectively, as compensation for the said land. On June 3, 2011, the Defendant received KRW 7,509,220,00 as his own agricultural bank account, and received KRW 585,879,220,00 for the victim company, and kept KRW 585,879,220 for the victim company.

Nevertheless, the Defendant paid KRW 130 million to E two times from June to July 2011, and then embezzled KRW 450,5880,000,000,000,000 for the remainder of KRW 455,588,00,000,000 for personal use by the Defendant at around that time.

2. When the Defendant manages and disposes of real estate owned by the victim company, he/she is a person in charge of overall control over the finances of the victim company, and has a duty to not arbitrarily use such real estate for private purposes.

Nevertheless, it is not appropriate.

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