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(영문) 창원지방법원 2017.07.20 2017고단426
업무상횡령등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Corporation, the Corporation’s representative director, the I (State) and the J (State), who takes overall charge of the duties of the said Company, and takes charge of the duties of receiving orders from the Corporation, executing works, selecting suppliers, concluding contracts, paying wages, and managing funds.

On January 19, 2012, the Defendant transferred the amount of KRW 1,449,230 in the name of LG office (SG office) under the name of a false employee, registered in the fiveth floor of KG office in J., for the benefit of 1,449,230 won. On the 23th of the same month, the Defendant voluntarily consumed the entire amount for personal purposes at that time while withdrawing it in cash and keeping it for the company, and from that time until November 18, 2016, four companies, including (1),612,54,560 won in total from the account under the name of four companies, including (1),64,560 won in total, and (2), 164,560 won in cash and paid the remaining amount for the purpose of personal consumption, 164,560 won in total, 165 won in cash and paid the remaining amount for the purpose of 1,540 won in total, 164,5700 won in cash and 2.

Accordingly, the defendant embezzled another's property that he has kept in breach of his occupational duty.

2. The Defendants’ joint crime M refers to the following purport: (a) Defendant A, the representative director of the NIC Headquarters, who promoted a project to select a private business entity in connection with the “NIC Complex development project,” which was promoted by a public-private partnership around November 2015 by requesting the public officials in charge of N market, N viewing, and the office of the NIC to select G from the public-private partnership of N Si as the priority negotiation object.”

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