beta
(영문) 서울동부지방법원 2014.10.28 2013고단447 (1)

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A on August 17, 2004, the Seoul High Court sentenced the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and embezzlement to two years and six months, and on May 15, 2009, the District Court sentenced the imprisonment of six months in the form of fraud at the Jung-gu District Court on May 15, 2009, released on January 29, 2010 during the execution of the sentence, and passed on June 15, 2010.

Co-defendant D is the representative director of E architect office, and the defendant A is the director of the above company.

Defendant

A on May 24, 2012, at a coffee shop where it is impossible to know the name near the Gangnamnam Station located in Gangnam-gu Seoul, Seoul, the defendant A made an oral contract with the chairperson G of the victim FF corporation as to the order of telecommunication and fire fighting construction works on the inside of a ship constructed at the International Steering Station H and through through I., and on the premise that the damaged company would receive the above construction works, E architect Co., Ltd. shall receive KRW 300 million from the damaged company in advance, but on June 7, 2012, if the contract for telecommunication and fire fighting works is not concluded due to the failure to report the volume table at the site of H and I.S., the above KRW 30 million was returned to the above D, and the defendant A reported the above contents to the above D, and after obtaining approval from the above D, the defendant A was obligated to promptly send his opinion to the above company in the name of the defendant E. 2, 2012.

Nevertheless, on May 24, 2012, Defendant A and said D conspired with the victimized Company to transfer KRW 300 million from the foreign exchange bank account (J) in the name of E architect office to the damaged Company.