특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for three years.
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
From September 20, 2003, the Defendant served as the representative director of E Co., Ltd. (hereinafter “E”) established for the purpose of funeral service business in Daegu-gu, Daegu-gu, as the representative director, and from August 23, 2006, as the representative director of G Co., Ltd. (hereinafter “G”) established for the purpose of funeral business in Daegu-gu, Daegu-gu, as the representative director, engaged in overall management of the said company’s financial management, etc.
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was willing to withdraw the installments paid by the victim E members in the company and use them for the fund of acquiring G personally regardless of the fact that they are reserved in the company.
Around April 26, 2006, the Defendant entered into a general contract for acquisition of shares, bonds, and debts of H with H as the acquisition price of KRW 450 million, KRW 4.5 billion, KRW 4.5 billion, KRW 2.5 billion, KRW 2.5 billion, KRW 250 million, KRW 200 million, and KRW 7.2 billion, KRW 720 million, and KRW 375 billion, and KRW 300,000,000, in total for the purpose of acquisition of shares, bonds, and debts of H with respect to H, and the acquisition price of shares, bonds, and debts of H, which the Defendant agreed to acquire by the Defendant for 7.2 billion, under the name of the representative director, under the pretext of payment by the K-gu bank account (Account Number I) in the name of E for the same day. From that time, the Defendant withdrawn the total amount of KRW 3.5 billion to December 14, 2007 for the purpose of the Defendant’s embezzlement as indicated in annexed Table No.
2. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) shall be paid to the victims E as the representative director and shall be paid the expenses necessary for the proceeding of the event to the members of E in case of the event.