특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant, as the representative director of the NAF Co., Ltd. (hereinafter "victim Co., Ltd."), was in charge of overall business of the company, such as fund management and execution.
On February 2, 2013, the Defendant purchased a single unit G with the wife population G, and constructed a logistics warehouse in the above site, and received approximately KRW 12 billion from an industrial bank in the name of the victimized company. As an industrial bank demanded capital increase in an amount equivalent to KRW 1 billion for the victimized company due to loan conditions, the Defendant used funds to use them as capital increase, etc. by additionally appropriating the construction amount, and by preparing a return method.
Around May 2013, the Defendant entered into a contract for a construction project with H (Representative I) Co., Ltd. and the above logistics warehouse construction project, and concluded a contract for a construction project with approximately KRW 2 billion in total construction cost (excluding surtax) by releasing approximately KRW 12.8 billion in actual construction cost.
Around July 26, 2013, the Defendant received a return of an amount equivalent to KRW 500 million from H, and used it as the price for the capital increase to the victimized company for the purpose of the victimized company. Around that time, from around December 22, 2014 to around December 22, 2014, the Defendant received a return of an amount equivalent to KRW 1.945 million out of the funds paid as the price for the work from H as stated in the crime list from around that time to December 22, 2014, and was kept in business for the victimized company. Around that time, the Defendant acquired and operated the Defendant’s capital increase and the Defendant’s personal business company operated by the Defendant by acquiring “L” under the Defendant’s name on September 209, and did not pay credit due to business depression, etc., and closed the business around December 2012.
It has been embezzled by arbitrarily using personal purposes, such as the repayment of debts.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of suspect examination of the accused;
1. The copy of the Internet homepage and the investigation report A.