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(영문) 부산지방법원 동부지원 2018.11.13 2018고합74

특정경제범죄가중처벌등에관한법률위반(횡령)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the representative director of the Victim C Co., Ltd. established for the purpose of wedding business, etc., who has overall control over the business of fund management, business, etc.

Since from around 2010, C had not obtained prior permission for the sale of the above building while the construction of the building was in progress of the construction of the building of the building of the building of the Busan Dodong-gu, the corporation sold the building before completion, and received the total of 2,408,000,000 won from several divided parties such as E, etc., but did not have an account for normal accounting, which was false as the short-term loan of the executive officers of the company F of the Defendant's wife (hereinafter "short-term loan").

The Defendant, using this, released the corporate funds of C corporation under the F short-term borrowings, and received money for personal use.

Accordingly, the Defendant: (a) around February 9, 2012, the sum of the short-term loans excluding KRW 2,408,00,000 for a false short-term loan account; (b) the sum of the short-term loans excluding KRW 2,051,408,804 for the short-term loans excluding KRW 2,274,894,540 for the actual transactions in Busan Metropolitan Government G; (c) the actual transactions excluding the amount of KRW 3,824,897,540 for the financial institution loans and rent deposits, or the actual transactions excluding the amount of KRW 2,274,894,540 for the financial institution loans and rent deposits ; (d) even if the ownership of new-term loans owned by CF corporation (H) was not transferred in the name of F; (e) the Defendant did not transfer the amount of KRW 2,400 for the short-term transactions from 00 to 204,4984,2840.24.28