특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for not less than three years and six months.
Punishment of the crime
Around November 18, 2010, the Defendant indicted the Prosecutor as “from around October 2010,” but it is reasonable to view that the Defendant was involved in the storage, management, etc. of funds as follows.
From September 201 to September 201, the victim (referred to as the "victim company") L (hereinafter referred to as the "victim company") in the Si/Gu (hereinafter referred to as the "victim company") works as a non-registered representative director, and has been engaged in overall affairs, such as management of the Victim company, storage and management
1. On November 19, 2010, the Defendant voluntarily used the “O art gallery” in the Seoul Office of the Victim Company located in Yeongdeungpo-gu Seoul Metropolitan Government MM building 7038, while keeping the corporate funds for the victim company in the course of business, withdrawn KRW 350,000 from the bank account in the name of the victim company to be individually awarded a successful bid, and then granted it to R by way of delivering it to R via Q, who worked from Japan in Seoul Metropolitan City as the driver of Pyeongtaek-si.
2. On December 24, 2010, the Defendant: (a) withdrawn KRW 700,000 from the bank account (Account Number:V) in the name of the victim company in order to pay KRW 700,000,000 borrowed from (i) T to (ii) the Defendant borrowed from (iii) T to (iv) the Defendant personally operated for the purpose of preparing expenses incurred in the personal bid of the building, while keeping the corporate funds for the victim company in custody on behalf of the victim company; and (b) voluntarily used the building for personal purposes, such as deposit from (V) the bank account in the name of the victim company to (V) account at around that time.
3. On April 18, 201, the Defendant voluntarily transferred KRW 500,000,000 from R’s foreign exchange bank account (Account Number: X) to a corporate account (Account Number) in the name of the victim company in order to obtain a personal bid of the said “O art gallery while keeping the corporate funds of the victim company for business purposes in the above Seoul Office.
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