특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 11, 2009, the defendant was sentenced to a suspended sentence of three years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Chuncheon District Court on September 11, 2009, and the judgment was finalized on September 19, 2009.
The Defendant is a major shareholder who, around September 30, 201, owns 40% of the shares of the Victim D Co., Ltd. D (the Plaintiff was absorbed and merged into E Co., Ltd. on or around September 30, 201, and E Co., Ltd. was absorbed and merged into F Co., Ltd. on or around June 201), worked as a director of the Victim Co., Ltd. located in Chuncheon City from January 200 to November 17, 2008. The Defendant was holding 30% of the shares of the Victim Co., Ltd. on or around December 5, 2007, respectively.
H and I agreed to accept all of the shares from H and I, and operated the victim company in fact at that time, and have overall control over the management and execution of the company's funds.
As above, since the defendant was actually engaged in the victim company as a director of the victim company, he/she shall faithfully perform his/her duties on behalf of the victim company and obtain prior approval from the board of directors if he/she carries out transactions with the victim company on his/her own or a third party's account. In cases of lending the funds of the victim company to another person, although there was an occupational duty to take appropriate measures to recover claims, such as receiving sufficient collateral, the defendant's breach of this duty to use the funds of the victim company in repayment of bonds used by the defendant for acquiring another company, such as obtaining approval from the board of directors or providing sufficient collateral to the victim company, etc. on June 9, 2008 without reasonable measures to recover claims, such as obtaining approval from the board of directors or providing sufficient collateral to the employees J at the above victim company's office (K)'s new bank account under the name of the victim company, and arbitrarily using the 10 million won check to withdraw 20 million won, and on April 44, 1600.