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.
Criminal facts
The Defendant is a person who works as the head of the overall headquarters of the “E” golf course operated by the Victim D Co., Ltd. in Macheon-si, and has overall control over the sale of membership and fund management.
1. Around March 26, 2007, the Defendant received KRW 40,000,000 in cash from the F who wishes to join a major member of the golf course in the office of general affairs of the golf course and embezzled it for the victim by using it for personal purposes, such as stock investment, etc. around that time.
In addition, from that to June 30, 2013, the Defendant received total amount of KRW 996,230,000 from 27 persons who wish to join a golf course principal member and embezzled by arbitrarily using it for the sake of the victim, as shown in the attached list of crimes.
2. The Defendant, from March 13, 2013 to May 19, 2013, sold approximately KRW 190 of the sales proceeds received from 36 members, such as G, etc. a total of KRW 21,050,00,00 among the sales proceeds received from 36 members of the said golf course from the said golf course, etc., and embezzled KRW 6,450,000 for personal purposes at his/her own discretion around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H and I;
1. Each certificate of parcelling-out and each certificate of deposit;
1. Account transactions;
1. Application of Acts and subordinate statutes to investigation reports (the details of receipt of membership fees submitted by a complainant);
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 of the Criminal Act (including embezzlement of the sales price of membership rights and embezzlement of the sales price of membership rights), Articles 356 and 355 (1) of the Criminal Act (Article 355 (1) of the Criminal Act (the appointment of imprisonment with labor, including embezzlement of the sales price of golf courses, c
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of embezzlement prescribed for the crime of embezzlement with heavier punishment);