특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for a term of five years and a fine of one hundred thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
The Defendant was the representative director of Company B (hereinafter “B”), and is the actual operator of Company C (hereinafter “C”).
1. On September 26, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) received the duty of collecting credit payment, etc. from the customer, etc. and distributing it to the creditors of D on October 15, 2013, by being delegated the former right of preservation and disposal of D’s assets from E, the representative director of D, in the name of B. < Amended by Act No. 11908, Oct. 15, 2013>
On October 21, 2013, the Defendant received KRW 24,960,80 from the office of Yeonsu-gu Incheon Metropolitan Government F and C to the Hbank account of the I to transfer KRW 24,960,80,00, etc. of D’s claim 24,960,80 from the J to the H Bank account of the I. On the same day, the Defendant remitted KRW 5,00,50 (including fees) to the K’s account, which is an female employee of B, from that day to January 26, 2016 from that day, and “32,592,082 won” of the embezzled amount of KRW 69 attached to the written application for changes in the Bill of D’s indictment as of December 27, 2018 is the entry “27,768,308 won”, “27,308 won”, “27,308 won” of the normal expenditure amount, “32,529,082 won”.
(See the [Attachment 5] As a result, the cumulative total amount of each embezzlement below the same sequence and the cumulative total amount of total embezzlement (707,723,575 won) should also be corrected. As such, the list of sights should be corrected ex officio as shown in the table of sight.
For the reasons described in the note 1 above, the total amount of embezzlement shall be corrected from KRW 707,723,575 to KRW 702,89,801 as stated in the note 702,89,801.
B’s repayment of debt, Defendant’s living expenses, etc. were arbitrarily used and embezzled.
2. On September 2, 2013, the Defendant forged securities: (a) around September 2, 2013, the said E entered the issuer as D; (b) the first endorsement as E; (c) indicated the second endorsement as N; and (d) signed or sealed each of the following signatures and seals; and (c) stated the remaining items, such as face value.