특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
1. The Defendant is the representative director of F, an investment company located in North China (hereinafter “G”) in North Korea.
On May 18, 2007, the victim D established the K as the representative director, and leased the farmland of 325 U.S. (A. 65,000 square meters) owned by K (hereinafter referred to as “L”) in North-si, North-si, China (hereinafter referred to as “L”) and constructed the NF driving range (hereinafter referred to as “the instant driving range”).
On July 20, 2007, the Defendant entered into a contract with the victim to take over 50% of the shares in the instant golf driving range, which was being constructed in M, from around May 2008, the Defendant paid all the above 8 million bills to the victim, thereby acquiring 50% of the shares in the said J. From around that date, the Defendant was recommended to take the disposition of the said golf driving range from L during the process of operating the said golf driving range in general. On November 14, 201, the Defendant agreed to dispose of the said golf driving range with the victim with the consent of both parties, and divide the compensation into shares.
2. On November 14, 201, the Defendant, despite having reached an agreement as above, disposed of the instant golf practice range at will by the victim so far as possible, and had all proceeds from sale transferred to one’s account, and had the mind to use it voluntarily.
Accordingly, the Defendant, on behalf of the victim, is the representative director of JJ, who is the operator of the above golf driving range and the director who is the management director of the above golf driving range, is G's vice president, who is in charge of the accounting of the pertinent golf driving range.
에게 퇴직금 명목 등으로 100만 위안(1위안≒180원, 약 1억 8,000만 원 상당)을 지급하겠다고 회유한 다음, 2011. 11. 25. 위 골프연습장의 지분 50%를 가지고 있는 피해자에게 알리지 아니하고 H과 함께 L에 가서 임의로 위 골프연습장을 1,800만 위안(약 32억 4,000만 원 상당)에 처분하여 2008. 11. 28. 그 매각 대금 중 1,600만 위안 약 28억 8,000만...