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(영문) 제주지방법원 2019.09.05 2018고단1803
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From October 2013, the Defendant served as the representative director of the victim limited liability company D (hereinafter “victim”) established for the “C” (hereinafter “instant development project”) with respect to the land B (hereinafter “instant development project”), and the Defendant agreed that the instant development project will provide land to the owner of the instant land, provide investors, such as F, with funds necessary for the implementation of the project, such as authorization and permission for the construction of a hotel, and construction cost, and then divide the proceeds therefrom into half. The Defendant carried out the development project by holding 50% shares of each damaged company, and the Defendant is working as the representative director of the victimized company with the delegation from the aforementioned F, and the Defendant agreed that part of the development project, such as the Civil Works Corporation, will be entitled to receive the instant development project without any separate benefit or profit distribution.

1. On December 29, 2014, the Defendant, at Jeju City, was engaged in the management and execution of the instant development project-related funds as the representative director of the victimized company at the office located in the H building in question, and deposited KRW 1.5 billion loaned by the said company to the I account in the name of the victimized company under the name of the victimized Company. On December 30, 2014, the Defendant transferred the amount of KRW 300 million on December 30, 2014 to the K Bank account (M), which is the spouse of F, with an agreement with the G representative in addition to the official agreement with the G side in which the instant land development lawsuit was brought, the Defendant paid KRW 420,000,000,000 to K, and the Defendant paid the said money to the Defendant’s spouse at KRW 1,500,000,000,000,000,000 to the above personal account (hereinafter referred to as “the Defendant’s checks”).

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