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(영문) 전주지방법원 2014.06.19 2014고합73

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is the director of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) from August 13, 2008 to October 31, 2012, and has been engaged in the sale of DNA apartment units and contract management, etc.

A. A. Around September 28, 2012, the Defendant: (a) entered into a sales contract with E, F, and the above apartment 101,40,000 won with respect to the sale price of KRW 145,840,00 with respect to the above apartment 101,03 at the above apartment sales office; (b) around October 17, 2012, the Defendant received a transfer from F to the former bank account (G) in the name of the said victim for a total of KRW 62,840,000 in the name of the said victim for the purpose of the victim company; (c) on October 26, 2012, the Defendant distributed KRW 10,740,000 to the bank account (H) in the name of the said victim company and embezzled the remainder of KRW 52,10,000 to the Defendant’s post office account in the name of the Defendant; and (d) embezzled it by arbitrarily using the sports soil, etc.

In addition, the Defendant embezzled the total of KRW 742,590,000 by the same method over 16 times as indicated in the annexed crime sight table (1) between January 26, 2012 and October 26, 2012.

B. Around May 22, 2012, the Defendant: (a) concluded a lease agreement with the lessee J on 101 701 dong apartment units; and (b) was transferred from J to Jun. 26, 2012 from May 22, 2012 to Jun. 26, 2012 from Jun. 28, 2012, the Defendant used the lease deposit amount of KRW 70 million to K, a lessee, and embezzled the remainder of KRW 10 million to the account in the name of the said Defendant’s post office or in cash; and (c) was transferred from J to the account in the name of the said victim’s company for the sake of the victim company.

In addition, the Defendant from November 2, 2010 to November 2, 2012.