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(영문) 대구지방법원 포항지원 2019.02.14 2018고합120

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from May 11, 2012, is the representative director and internal director of the Victim B Co., Ltd. (hereinafter referred to as “victim”) to the present date, who has overall control over the overall management and operation of the company.

On September 2, 2014, the Defendant kept the unit price gains of KRW 1,161,825,060 in total from September 2, 2014 to April 10, 2017, the Defendant arbitrarily transferred KRW 6,200,000 from the E bank account (F) in the name of the victimized Company to G bank account (H) in the name of the Defendant, and then lent KRW 6,500,000 to 4,50 won per kilogram, etc. to D Co., Ltd., a sewage waste disposal business entity, for the purpose of personal embezzlement, from September 2, 2014 to April 10, 2017, the Defendant used the unit price gains of KRW 1,161,825,060 in total for business purposes. From around September 2, 2014, the Defendant arbitrarily lent KRW 62,000 to the account (H) in the name of the victimized Company, and then lent it to I for personal purposes, such as embezzlement’s.

Summary of Evidence

1. Defendant's legal statement;

1. Fourth police interrogation protocol against J;

1. Each police statement to K;

1. An investigation report (in addition to the statement of deposit and withdrawal), one copy of the transaction statement of the corporate account in B (E bank, G), one investigation report (in addition to the statement of deposit and withdrawal of personal account in A), one copy of the transaction statement of G bank, one investigation report (in addition to the verification of B and D financial statements), two financial statements, two investigation report (in addition to the verification of the unit price of medicines related to the purchase and sale of B drugs of a stock company, the verification of related documents, etc.), one copy of the transaction statement of the B drugs, one copy of the purchase and sale contract of the B drugs, one copy of the purchase contract (in the case of supply contract), the certificate of permission for the purchase of hazardous chemical sales business, the agency contract (C), one copy, one copy of the transaction statement, one copy of the investigation report (in the case of B and D financial statements), one investigation report, and one copy of the investigation report (in the case of B medicines related to the unit price transaction report), and one copy of the transaction report.