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(영문) 의정부지방법원 고양지원 2018.09.11 2017고합166

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Criminal facts

From July 2005 to March 30, 2015, the Defendant was the representative director of the Victim B Co., Ltd. (hereinafter “victim Co., Ltd.”) located within the Dong-gu Seoul Special Metropolitan City D (E Hospital funeral ceremony). On September 7, 2012, the Defendant established the F Co., Ltd. (hereinafter “F”) around September 7, 201, and operated F as the representative of the Defendant’s wife G as the representative director on December 10 of the same year.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was engaged in the business of exercising overall control over the execution and management of the company’s funds while working as the representative director from July 2005 to March 30, 2015.

On May 11, 201, the Defendant: (a) released KRW 20,00,000 in cash on the same day; (b) embezzled the funds of the Victim Company; and (c) transferred the funds in the name of the Victim Company from around that time to around March 5, 2015 to around 20, 3, 5, 6 through 20, 22 through 30, 33 through 40, 42 through 50, 52 through 87, 89 through 96, 104 through 107, 109 through 117, 129 through 126, 129 through 128, 131 through 134, 131 through 134, 136 through 146, and (d) transferred the funds in the name of the Victim Company in the name of the Defendant Company; or (e) voluntarily deposited the funds in the name of the Defendant Company in the name of the Defendant Company in cash transfer to 1314 through 136.

2. Embezzlement;

A. On March 30, 2015, the Defendant, even after withdrawing the representative director of the victim company, had a card, etc. connected to the account in the name of the victim company, had the intent to arbitrarily consume the funds of the victim company in the same manner as Paragraph 1.

On March 31, 2015, the Defendant kept the funds of the Victim Company on behalf of the Victim Company in a corporate bank account (K) in the name of the Victim Company, and on the same day, 10,000.