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(영문) 울산지방법원 2018.02.09 2017고합298

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment for two years, Defendant B's imprisonment for one year and six months, Defendant C's imprisonment for two years and fine for twenty million won.

Reasons

Punishment of the crime

[Status of Defendants and persons related to the instant case] Since May 2013, N is a person in charge of the management and enforcement of the said company’s funds as well as the management and enforcement of the said company’s funds, and Defendant A is a director of the P Co., Ltd. from June 2013 to exercise overall control over the management and enforcement of the company as a director of the P Co., Ltd.

Defendant

B is a public official of Grade VII belonging to the Ulsan District Court, and C served as a public official of Grade VI belonging to the Ulsan District Court from November 2014 to July 2015.

[Crimes of 2017 Gohap 343]

1. Defendant A’s business embezzlement (Embezzlement by appropriating the repayment amount in excess under the name of cancellation of collateral security) and Defendant A’s business embezzlement related to the victim’s non-victim’s investment trust (Embezzlement) requested the amount calculated by adding the difference to the actual debt amount under the name of cancellation of collateral security right, with the registration of the right to collateral security right with respect to the amount of 170 square meters in the Ulsan-gu Seoul Special Metropolitan City S road site owned by the victim’s investment trust committee, “the maximum amount of bonds KRW 500 million,” “the debtor’s investment trust fund,” “the debtor’s investment trust fund,” and “the No.

On April 30, 2015, N requested payment of the upper limit of KRW 700 million as the cancellation of the above right to collateral security, even though the actual amount of debt of the right to collateral security has been KRW 500 million, and on the same day, the K transferred KRW 700,000 to the U bank account in the name of the P Bank in the name of the P Bank in the Dispute Settlement Bank Co., Ltd., and the K returned the difference of the actual amount of debt to N or used for the personal purpose of the defendant.

Accordingly, the Defendant, in collusion with N, embezzled approximately KRW 200 million of the operating capital of the victimized company as above.

2. Business embezzlement in relation to Defendant A’s business embezzlement;

A. The Defendant, on July 1, 2014, embezzled by the method of false payment, paid KRW 2.5 million to the account in W, even though W is not an employee working for the victimized company, and the Defendant is the Defendant.