특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for not less than two years and six months.
except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who worked as the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Songpa-gu Seoul (hereinafter “victim Co., Ltd.”) from June 27, 2005 to May 21, 2013 and has overall control over the internal and external affairs of the company, such as finance, personnel affairs, and business.
1. On November 15, 2007, the Defendant concluded a contract for sports marketing of the victim company E and the consignment management of the building of the said victim company at the victim company office located in Songpa-gu Seoul Metropolitan Government, and between E and F management, around November 15, 2007.
However, in fact, since the above E did not perform services to the victim company according to the above contract, the defendant did not have any reason to pay the service cost according to the above contract.
Nevertheless, around November 15, 2007, the Defendant, at the above victim company office, arbitrarily paid KRW 110,000,000 while keeping the funds of the above victim company in the course of its business and embezzled them, and thereafter, embezzled them by paying KRW 1,045,00,000 in total over 39 times from the time until January 28, 201, as shown in the attached list of crimes (1).
2. Around January 7, 2011, the Defendant entered into a contract on consignment management of building with the victim company (i.e., company G (i., company after change) at the place described in paragraph (1) around January 7, 201, and between G (i.e., company after change) and the victim company.
However, in fact, since the above G did not perform services to the victim company according to the above contract, the defendant did not have any reason to pay the service cost in accordance with the above contract.
Nevertheless, at the above victim's office around February 16, 201, the Defendant arbitrarily paid KRW 33,00,000 while keeping the funds of the above victim's company in the course of performing its duties and embezzled them, and thereafter, from that time until January 31, 2012, the Defendant extended 11 times in total as shown in the annexed crime sight table (2). < Amended by Presidential Decree No. 17005, Jan. 31, 200>