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(영문) 서울남부지방법원 2016.09.02 2015고합436

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment with prison labor for eight years, for six months, for each of six months.

However, as to the defendant B and C,

Reasons

Punishment of the crime

[Defendant A, B, and C] 2015 Highis436 [Defendant A, B]

1. Defendant A

A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) holds office as the representative director of the Victim M Co., Ltd. (hereinafter “M”) located in Guro-gu Seoul Metropolitan City and the Victim Co., Ltd. (O) located in the N Center in Geumcheon-gu Seoul (hereinafter “O”), and has overall control over the management and enforcement of the said victims’ corporate funds.

1) On September 24, 2014, the Defendant: (a) transferred KRW 300 million to the Defendant’s personal account under the name of the representative director while keeping the said M M in business; and (b) around that time, the Defendant used the Defendant’s personal account for repayment of credit card payments, payment of loans, etc.; and (c) transferred KRW 7.64 billion out of the above embezzlement amount to the Defendant 7.64 billion to the Defendant’s company for repayment; (d) KRW 1.5 billion from June 25, 2015 to KRW 4.5 billion to the Defendant’s personal account; (e) KRW 1.4 billion from the date of the above embezzlement amount to KRW 4.5 billion to the Defendant’s personal account; and (e) KRW 1.5 billion from the date of the payment of loans to the Defendant’s personal representative director’s personal debt payment to KRW 1.5 billion to the Defendant’s personal account; and (e) he embezzled the Defendant’s personal debt payment amount to KRW 4.5 billion to the Defendant’s personal account.