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(영문) 서울중앙지방법원 2015.08.21 2015고합598

특정경제범죄가중처벌등에관한법률위반(횡령)등

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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.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Defendant is an internal director of the Victim D Co., Ltd. (hereinafter “victim D”), who is an affiliate company, actually operates the Victim E Co., Ltd. (hereinafter “victim E”) and the Victim F Co., Ltd. (hereinafter “victim F”), and exercises overall control over the management of the company, including the management and execution of funds and the conclusion of contracts.

On May 28, 2014, the Defendant, at the victim D’s office located in Gangnam-gu Seoul Metropolitan Government G 322, kept the victim D’s funds for business purposes, opened a false account under the name of “ repayment of company loans” as if he received the repayment of the company loans appropriated falsely on the same day, transferred the company funds to the bank account in the name of the Defendant’s wife, and then withdrawn the company funds by transferring the company funds to the bank account in the name of H in the name of the Defendant’s wife, and then arbitrarily used them for the Defendant’s personal stock investment at around that time.

In addition, from April 19, 201 to January 20, 2015, the Defendant embezzled KRW 3,259,515,741, total sum of the victim D funds, KRW 1,030,233,166, and KRW 165,305,00,00 in total of the victim E funds and KRW 165,305,00 for each individual stock investment, real estate purchase, etc. by means of false accounting of the company funds over 88 occasions, as shown in the attached list of crimes (1).

2. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;

Nevertheless, on December 5, 2011, the Defendant lent the name of the mother-child I and purchased J apartment 103 Dong 403, J apartment 103, and completed the registration of ownership transfer in the name of the title trustee on January 30, 2012.

In addition, the defendant from January 30, 2012.