특정경제범죄가중처벌등에관한법률위반(횡령)등
Of the guilty portion of the first instance judgment (including the acquittal portion of reasons) and the acquitted portion, the breach of trust related to joint and several sureties is included.
The summary of the grounds for appeal 2014No. 709 case (Defendant, Prosecutor), misunderstanding the legal principles (Defendant, Prosecutor), Defendant: D Co., Ltd. (hereinafter “D”) at the time of embezzlement of one copy of golf course membership membership (hereinafter “D”) is proceeding with the FF loan, and it was impossible to bear a new obligation under the loan agreement.
Accordingly, when obtaining a loan under the name of G Co., Ltd. (hereinafter “G”), only one of the golf club memberships owned by D was offered as security, and the actual borrower was D.
The Defendant used all KRW 300 million borrowed from Company I (hereinafter “I”) for D, and obtained consent from other directors without undergoing regular board of directors regarding the provision of collateral.
Ultimately, the defendant's act cannot be evaluated as embezzlement of D.
The embezzlement of corporate funds for inspection: ① The G is a company established by shareholders who hold 50% of the shares of D for their own business and is completely separate from D.
In addition, D, as a contractor of the F creation project, obtained a FF loan from the Korea Exchange Bank in consultation with the F E Co., Ltd. (hereinafter “E”), and according to the loan agreement, D could not implement a new project, transfer property owned, or provide other property as security without the consent of the lending bank or the contractor.
Ultimately, the transfer of D funds to an account or G in the name of a defendant without the permission of the contractor or the lending bank itself constitutes embezzlement.
② The Defendant withdrawn approximately KRW 8.89,530,00 from D’s funds, and remitted them to the account in the name of the Defendant, G, or G-related companies.
Examining the contents of the user's identification, the defendant withdrawn the D's funds and used them regardless of D such as business or personal use.
In addition, it is transferred to the account under one defendant's name.