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(영문) 인천지방법원 2014.06.12 2013고합865

특정경제범죄가중처벌등에관한법률위반(재산국외도피)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was the representative director of G Co., Ltd., established for the purpose of manufacturing synthetic resin from January 27, 2005 to May 4, 201, for the purpose of manufacturing, selling, exporting, and importing synthetic resin. From April 30, 201 to April 30, 201, the Defendant was the representative director of H, a company H, a corporation established for the purpose of manufacturing, processing, selling, etc. synthetic resin and plastic-related synthetic compounds.

Around February 20, 2007, the Defendant transferred 35,802 U.S. dollars (U.S. dollars 33,507,092) to J as if he did not pay a normal fee, even though he did not pay a fee to J, the business partner of Hong Kong, while having been in custody of the company funds of the Victim G, at the same point of Hana Bank branch, Hana Bank, Inc., Ltd., in the course of business, and embezzled it by taking it back to the account of the Hong Kong HSBC bank (K) in the name of the Defendant.

The Defendant, including that, from that time until April 15, 201, embezzled the sum of US dollars 382,173 (limited to US$ 420,980,660) over 35 times, such as 1-35 No. 1 (Occupational Embezzlement) of the annexed Table 1 (Occupational Embezzlement) by means of the foregoing method from that time until April 15, 201, by arbitrarily remitting it to the account in the name of the Defendant in Hong Kong.

B. Around June 20, 2011, the Defendant: (a) transferred U.S. dollars 2,184 (U.S. dollars 2,374,445) as if he did not pay a normal fee to J while having been in custody of the Victim H’s Company’s Company capital at the Dongwon branch of Hana Bank; and (b) subsequently embezzled it by taking it back to the account of the Hong Kong HSBC bank in the name of the Defendant.

The Defendant, including that, from that time until May 29, 2013, from that time, up to December 29, 2013, together with US dollars 93,613 US dollars 105,03,363 KRW 23 times, such as the attached Table 1 (Occupational Embezzlement) No. 36-58.