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(영문) 서울동부지방법원 2015.11.20 2015고합103

특정경제범죄가중처벌등에관한법률위반(횡령)등

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A defendant shall be punished by imprisonment for three years.

except that 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

From December 31, 2001, the Defendant running F Co., Ltd. (hereinafter referred to as “F”) from Gwangjin-gu Seoul Special Metropolitan City E and 301-3 of 301, and from January 2008, “H (hereinafter referred to as “H”) as a local implementing company of Cambodia for the construction project of G (G; hereinafter referred to as “G”) is a clerical error in writing.

(In investigation records, 3 books 1082, 148 pages), 1488 (hereinafter referred to as "I") and J Co., Ltd. (hereinafter referred to as "J") established, which is a purpose of obtaining loans, have overall control over the execution of funds, while operating the companies.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) : around July 22, 2008, the embezzlement defendant of G loans was abolished since the Act on the Aggravated Punishment, etc. of Indirect Investment and Assets was enacted by Act No. 8635 on August 3, 2007 and the Act on the Aggravated Punishment, etc. of Indirect Investment and Assets was enforced on February 4, 2009.

On September 14, 2012, the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy by Franchi Savings Bank Co., Ltd., Ltd., Franchi Savings Bank.

The trust-type real estate indirect investment fund (GB Cambodia) is established by inviting 8,700,000 won from the company and the trust-based real estate indirect investment fund (GB) is established. A national bank, a trust bank, a trust-based, shall, in accordance with an asset management company’s management instruction, deposit the loan in the trust-based account in the name of the National Bank in the name of the “H” for the purpose of operating expenses necessary for the new construction of G in the “H” on the date of loan execution, and submit the loan agreement to the asset management company and the trust bank for the approval of the loan, and submit the authorization and permission documents related to the business to the asset management company and the trust bank. On July 23, 2008, it shall receive KRW 8,700,000 from the victim H’s trust-based