특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, 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
On February 17, 2009, the Defendant entered into a “Convention on Private Investment in D Development Projects” with the Mine-gun and the same year.
4.23. 23. Conclusion of the Investment Implementation Agreement and the same year
6.3. A person who establishes the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) and has overall control over D development operations, fund execution, etc. as a representative director of a corporation.
On June 15, 2009, the Defendant borrowed KRW 12.5 billion from a company Eschi Savings Bank, etc. around October 2009, KRW 19.0 billion from an industrial bank, etc. around April 6, 2010, and around December 19, 201, the Defendant borrowed KRW 30 billion from the newan Mutual Savings Bank, etc. from the industrial bank, etc. on or around December 19, 201 to use part of the money for the purpose of land purchase, repayment of existing debts, and payment of construction expenses.
On June 25, 2009, the Defendant transferred KRW 70 million from the National Bank Account (F) in the name of the victim company to the National Bank Account (G) account in the name of the Defendant, and embezzled KRW 62 million for the support of its affiliate funds to H Co., Ltd. which is not related to D development projects, and the remainder, from around that time to December 24, 2012, transferred money to I, J, andK respectively for personal loan repayment, and embezzled KRW 5,923,940,000 in total over 50 times from that time, as shown in the list of crimes in the attached Table, for the purpose that is not related to the said industrial complex development project, and then wrongfully consumed it.
Summary of Evidence
1. Partial statement of the defendant;
1. Examination protocol prepared by each prosecutor on the accused;
1. Each report on investigation;
1. Application of Acts and subordinate statutes governing private investment agreements, investment implementation agreements, full certificates of registered matters, each shareholder registry, each loan agreement, each national bank account details, ledger of each account (E), industrial bank account (E), and Gwangju Bank account (E);
1. Relevant Articles of the Act and the choice of punishment for the crime; and