특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for not less than three years and six months.
Punishment of the crime
On June 2014, the Defendant was the representative E of the Victim D Co., Ltd. (hereinafter referred to as “victim D Co., Ltd.”) who manufactures, processes, and sells agricultural products, such as ginseng in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and was actually operating the Victim Co., Ltd. along with E in the course of performing various duties, such as the business and financial management of the Victim Co., Ltd. from that time to June 2015.
1. Around September 11, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was using part of the funds as a security deposit for the purchase of G factory in the company that the Defendant personally sought to acquire and operate it, and the Defendant used 122,721,000 won from the above account.
After remitting to the new bank account (I) in the name of H, the amount of KRW 62,721,00 in total was embezzled on three occasions from that time to November 29, 2014, as shown in the list of crimes in the attached Table of crimes, by arbitrarily using the amount of KRW 662,721,00 in the name of H’s account as purchase price for G factory and operating funds.
2. On December 15, 2014, the Defendant, in occupational breach of trust, performed all the business operations, financial management, etc. of the Victim Company, and was practically operating the Victim Company, and had a duty to faithfully manage the Victim Company’s assets, despite the existence of a duty to manage the Victim Company’s assets, upon the Defendant’s personal request to lend money as soon as funds are urgently required, and at the time, the Victim Company was unable to normally supply raw ginseng products and other products to the business partners, such as L Co., Ltd. (hereinafter “L”), but it was difficult for the Victim Company to maintain its financial position.