특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
[Presumption of Facts] The Defendant is the actual owner of Daegu Nam-gu B lending (2 units of Dong, 6 units of Dong, 20 units of Dong, hereinafter “the loan of this case”) who is engaged in the construction and sale of the loan of this case.
The defendant and H are married couple, and H is the owner in the name of the loan of this case.
The victim AI(46 years) and the victim C(46 years) are people who have entered into a partnership contract with the defendant with respect to the loan construction business in this case.
On May 31, 2018, the Defendant was prosecuted for committing a crime of occupational breach of trust ( Daegu District Court 2018 High Court 2018 High Court 2394) and prosecuted for committing a crime of occupational breach of trust against the victim E, the Defendant arbitrarily completed the registration of transfer of ownership to theO, and breached the duty to register the transfer of ownership to the said victim.
On November 27, 2018, the sentence of imprisonment with prison labor for one year and six months was detained in court. At present, this case is currently pending in the appellate court court (Tgu District Court 2018No. 4606) / [ criminal facts, the defendant, the victim AI, and the victim C invested KRW 450 million in the defendant, and the victim C is 40 million in the defendant, and the victim shall be in charge of the construction of the loan of this case. Upon completion of the loan of this case, the victim C shall be in charge of the construction of the loan of this case. The loan of this case and its site of this case shall be 40%, the victim AI owned 30%, and the victim C shall own 30%, and the ownership of the loan of this case shall be preserved in the name of H, and the contract of this case shall be completed in the name of the defendant 40%, the victim 30%, and the victim C shall be completed in the name of 30% of the dividend of this case.
The Defendant, as above, was in custody of the victims of the instant loan in the course of performing their duties, and without permission from the victims on May 22, 2017, the Defendant borrowed the instant loan to AJ and AK at will without permission from the victims.