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(영문) 광주지방법원 2017.07.07 2017고합119

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for two years.

30,000,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

1. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) along with B, etc., was actually running a stock company C (hereinafter “C”) mainly for the supply of drugs with B, etc., with a view to raising the offering of rebates according to the adoption and prescription of drugs, various entertainment expenses, and personal life, while exercising overall control over the business of managing the company’s funds.

① From January 10, 2013 to December 30, 2016, the Defendant received KRW 863,930,000 of C corporation funds in cash over 194 occasions as indicated in attached Table 1 and disposed of processing expenses after using them for personal purposes. ② From January 18, 2013 to December 11, 2015, the Defendant voluntarily withdrawn KRW 62,962,00 of C corporation funds from C corporation funds through D account for personal purposes; ③ from December 10, 2014 to June 10, 2015, the Defendant arbitrarily deposited KRW 92,000,000 in the name of 13 times as indicated in attached Table 2; and ③ from June 10, 2014 to June 10, 2015, the Defendant voluntarily deposited the total amount of KRW 128,000,000 of C corporation funds in the name of 9.20,000 won.

2. The J grants of bribe to J is a person who, from January 9, 2015, served as K in the investigation by the National Tax Service of the Gwangju Regional Office on June 26, 2016 while exercising overall control over the investigation and management of personal business, was promoted to L on June 26, 2016 and served as the head of the Gwangju Regional Tax Service from December 26, 2016 to January 8, 2017, serving as the head of the Dong-cheon District Tax Office Nbox from January 9, 2017. The P is a person who operated Q hospital and the Gwangju Seo-gu Airport in the Gwangju-gu P, Gwangju Metropolitan City.

The Defendant conspiredd with the U.S. to deliver money and valuables to the J in order to smoothly resolve tax issues, such as the request to vindicate the reduction report of sales to Qu Hospital of the North Gwangju District Tax Office.

Accordingly, the defendant is O.