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(영문) 서울중앙지방법원 2016.04.29 2016고합263

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. Defendant A is the actual operator of Victim H Co., Ltd. (hereinafter “H”) established to carry out construction works for dismantling structures, civil engineering and construction works, and was engaged in overall management, including the operation and fund management of the said company.

On September 7, 2011, the Defendant transferred KRW 44,924,990 to the virtual account (K) for the collection of the loans from Defendant J in the name of Han Bank account (I) in the name of H, 4,924,90. On the same day, KRW 39,337,05 from the above account to J (L) and KRW 769,814 from J’s name loan account (M) and KRW 4,815,171 from J’s name to the J’s loan account (N) to repay KRW 44,921,90,000 in total, as well as spent KRW 44,924,99,90 in the Defendant’s company’s loan in the name of his duties, and is obviously corrected from July 27, 2011 to “from July 27, 2011.”

From March 13, 2012 to March 13, 2012, a total of 898,951,990 won was embezzled by consuming personal debt, casino expenses, etc. over 17 occasions, as indicated in the list of offenses.

2. On February 26, 2016, Defendant B, at the Seoul Central District Public Prosecutor's Office, made a statement of reference on the suspicion of embezzlement of H’s funds at the Seoul Central Public Prosecutor’s Office (hereinafter “Seoul Central Public Prosecutor’s Office”) and was under investigation from January 2, 2016 on the above suspicion, and despite having been aware of the fact that A was under flight without complying with the demand of the investigative agency, despite having been requested by the investigative agency to attend, Defendant B knew of the fact that he was under flight without complying with the demand of the investigative agency. However, from February 27, 2016 to March 15:30, 2016, Defendant B transferred her maternity with A who was under flight, and calculated A’s accommodation expenses or food expenses in lieu of the Defendant’s cash, calculated a mobile phone installed in the name of the Defendant’s children, and her contact with the victims.