특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, from around 2009 to November 201, 2013, is a person who actually operated the J (Representative Director K) corporation of the victim, who is the manufacturer and distributor of cosmetics in the 3th floor of Seocho-gu Seoul, Seocho-gu, Seoul.
From January 1, 201 to December 31, 2012, the Defendant did not receive the sales proceeds of products from the nationwide agents from the national agents to the national bank account, which is the corporate bank account of J, and deposited KRW 44,727,279 with the bank account in the name of the Defendant, and deposited KRW 2,406,873,886 with the national bank account in the name of the personal bank in the name of the Defendant, which is the representative director, in the course of its business custody for the victim company. On March 11, 2012, the Defendant transferred KRW 5,00,000 from the above K account to the GS Construction account in order to pay the purchase proceeds of the said apartment at KRW 1,162,914,00.
From that time to April 13, 2012, the Defendant embezzled totaling KRW 541,00,000 on five occasions, as shown in the attached list of crimes, to arbitrarily purchase the apartment owned by the Defendant.
The defendant of "2015 Highly 620" is a person who worked as an internal director of the victim N Co., Ltd. in Nam-gu Incheon Metropolitan City, Nam-gu from July 1, 2013 and worked as the chairperson of the above company from around that time.
On December 11, 2014, when the Defendant received notice of dismissal from the victim on December 2, 2014 at the above company office, the Defendant arbitrarily transferred KRW 78,500,000 out of the funds of the victim’s company, which was in custody in the corporate account for the victim, to the Defendant’s account, and embezzled it by arbitrarily consuming it as debt repayment, hospital expenses, etc.
Summary of Evidence
"2015 Gohap53"
1. Partial statement of the defendant;
1. Partial statement of the witnessO, K, P and Q in the court;
1. Examination protocol of the accused by prosecution;
1. Each police interrogation protocol against the accused;
1. Polices against theO;