특정경제범죄가중처벌등에관한법률위반(횡령)
1. The defendant A and C shall be punished by imprisonment with prison labor for two years, and the defendant B shall be punished by imprisonment for one year and six months; and
2.Provided, That this judgment shall not apply.
Punishment of the crime
1. Defendant C, at the time of Si interest, took overall charge of the management of the victim I Co., Ltd. (hereinafter “victim Co., Ltd”) and the management of the funds of the victim Co., Ltd.
Defendant
C: (a) around December 18, 2007, the victim company did not make any profit, and (b) around 233,400 shares issued by the victim company, and around 161,400 shares equivalent to approximately 70% of the 233,400 shares issued by the victim company A and B were sold to each of them at approximately KRW 2.6 billion; (c) the victim company’s funds deducted KRW 2.6 billion from the victim company’s funds, thereby soliciting the defendant B to take the method of transferring them to the defendant C after receiving them under the pretext of provisional payment.
Therefore, on January 8, 2008, the Defendants transferred KRW 200 million from the bank account (J) of the victim company to the bank account (K) in the name of the defendant B for provisional payment at the office of the victim company, and transferred all of the amounts of KRW 2.6 billion from the bank account of the victim company to the above bank account in the name of the defendant B for provisional payment.
As a result, the Defendants conspired in breach of the Defendant C’s occupational duty, thereby embezzlement of KRW 2.6 billion of the victim’s company’s funds.
2. Defendant B was in the representative director of the victim company from December 24, 2007 to May 11, 2009.
Defendant
B On May 4, 2009, at the Dong branch of the new bank located in Seocheon-si, Seocheon-si, a representative director of the victim company, changed the bank account (L) password and the seal impression of the victim company using the status of the representative director of the victim company, and then arbitrarily withdrawn KRW 96.1 million from the above bank account and remitted it to the new bank account (M) in the name of the defendant.
As a result, Defendant B embezzled 90,610,000 won of the funds of the victim company in violation of his duties.
Summary of Evidence
1. Facts of judgment No. 1;
A. Defendant A (1) The statement of Defendant A in the first trial record.