특정경제범죄가중처벌등에관한법률위반(횡령)등
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
From March 30, 2006 to May 23, 2008, the Defendant was the largest shareholder and registration director of F Co., Ltd. (hereinafter “F”), and F purchased shares of H, a KOSDAQ-listed corporation holding 100% of H’s equity from G on November 30, 2006, and took over the management right of H and H around that time. From December 4, 2006 to January 12, 2007, the Defendant was merged with H and changed from November 12, 2007 to M.
“I” is referred to as “I.
I, H, J and K, which are an affiliated company of F, was changed to N, while in office as a registration director of F.
hereinafter referred to as "K".
As the actual operator of the F, he/she has taken overall charge of the final decision-making and enforcement of major policies on management, such as personnel affairs, finance, and funds, and he/she borrowed 9 billion won on December 5, 2006, including KRW 1 billion on the 6th day of the same month, KRW 3 billion on the 21st day of the same month, and KRW 3 billion on the 21st day of the same month, and received a demand for early repayment from the former representative G, with intent to repay the borrowed amount to G using the F’s affiliate funds.
1. On February 23, 2007, the Defendant received a demand from G for the first repayment of KRW 4 billion out of the borrowed money, and on February 23, 2007, K borrowed from the victim I, J (hereinafter “I,” “J”) each of the charges of KRW 2.2 billion and KRW 1.41.2 billion, at the time, K lent KRW 1.8 billion to K. However, as seen in paragraph 2 of the part of innocence below, the Defendant recognized that only the above amount was leased.
After receiving the remittance to the K account, the Defendant borrowed the Defendant’s penal L and again remitted the money to the Defendant’s account and used it to repay the borrowed money to G.
Accordingly, while the defendant has kept the funds of I and J as an affiliated company for each business, the amount of KRW 2.2 billion and KRW 1.4 billion of the J.