특정경제범죄가중처벌등에관한법률위반(횡령)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The judgment below
Part of acquittal.
The court below found the defendant guilty on the embezzlement and embezzlement of the victim H (hereinafter "H"), and found the defendant guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against H. However, with respect to the crime Nos. 1 through 14 of the attached crime list of the court below's judgment, the court below decided the non-guilty verdict as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the victim B (hereinafter "B"), and the defendant appealed on the whole guilty portion, and the prosecutor filed each appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the aforementioned non-guilty part.
Therefore, among the judgment of the court below, H's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) for which the prosecutor did not appeal has become final and conclusive and excluded H from the object of adjudication
Under the judgment of the court below, the amount of the forest was outlined by omitting the unit below full won.
The lower court found the Defendant guilty of occupational embezzlement and embezzlement on the part of the Defendant’s H by recognizing and determining the following facts.
The Defendant serves as the representative director of H from April 2006 to November 2009, and served as the representative director of B established by H with the investment of 100% from March 2005 to August 2010. The Defendant served as the representative director of the I Co., Ltd. (hereinafter “I”) who acquired 100% of the shares from October 2008 to August 201, while exercising overall control over the duties of managing and executing funds of each of the above companies.
H In January 2004, the bill of indictment was changed from the trial of the party on March 6, 2004 to the " March 6, 2004".
A bankruptcy claim (a claim amounting to KRW 9983,340,000; hereinafter “Claim 1”) against K (hereinafter “K”) from J Co., Ltd. (hereinafter “J”) via I (the part out of the said deposit).