(영문) 부산지방법원 2012.09.14 2012고합602



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


Punishment of the crime

From March 15, 2001 to December 26, 2003, the Defendant served as the representative director of the Plaintiff Company D in Busan-gu, Busan-do, and thereafter served as a director of the said Company until November 26, 2009. From July 28, 2009 to July 28, 2009, the Defendant, as the Defendant, was in charge of the representative director of the said Company, was in charge of the said Company’s management through the said E, and actually exercises overall control over the said Company’s affairs, such as the execution of funds.

On September 2, 2009, the Defendant: (a) placed in business on September 2, 2009, two copies of the certificate of deposit issued by the said branch for D Co., Ltd. in the number F and G (1.5 billion won at each new date on September 2, 2009; (b) the due date on September 2, 2010; (c) the due date on September 2, 2010 (1,563,04,719 won at each new date); and (d) embezzled the Defendant’s wife’s cash exchange in cash on September 2, 2010; and (e) arbitrarily consumed the exchanged cash for personal use, such as apartment purchase fund, and embezzled the amount equivalent to KRW 3,126,009,438 of the Company’s funds.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning I, J, K, and H;

1. Each investigation report (report attached to an audit report, attachment of negotiable deposit certificates related data, attachment of audit reports-related data, current status of shareholders, such as D, and attachment of negotiable certificates of deposit, report on attachment of details of transactions after selling negotiable certificates of deposit, and report on attachment of a certified copy

1. Application of D corporate register and notification Acts and subordinate statutes;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the crime, Article 356 and Article 355 (1) of the Criminal Act [Provided, That the upper limit of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010 and enforced October 16, 2010);

1. The reason for sentencing [limited to the applicable sentencing] under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation [the scope of sentencing] [the period of punishment] from 1 year and 6 months to 7 years [the decision of a sentence], the crime of embezzlement and breach of trust, the type 3 (not less than 500 million won, less than 5 billion won), and the special person who is sentenced to punishment.