특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The Defendant had worked as the representative of the E Savings Bank from August 2004 to August 2012 and had 51.5% of the issued shares of the said Savings Bank, and F had 8.5% of the issued shares of the said Savings Bank as an accountant and non-permanent director of the said Savings Bank.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;
A. The embezzlement, which pretended to be paid to G as a certified judicial scrivener for a long time, was paid 3 million won or more each month to the above F under the pretext of advisory fees, etc., but, on February 2, 2011, it was pointed out that it was inappropriate for the F to pay a monthly salary to F who did not work for the said Savings Bank, and as a result, measures were taken to recover part of the remuneration already paid and prevent F from paying a monthly salary to F, the Defendant was willing to enter into a false advisory contract with G certified judicial scrivener who was the head of F high school, with G that was the head of the said high school, and to raise the funds for the F to pay the funds as a monthly salary.
On November 10, 2011, the Defendant concluded a false business agreement and advisory agreement with the said G by requesting the said G to “F to preserve the H building 210 located in Seongdong-gu Seoul Metropolitan Government, and by requesting the said G to “F to conclude an advisory contract for one year by means of preserving the F’s funds, but raising the funds.”
On November 16, 2011, the Defendant pretended to implement the above contract, and transferred KRW 33,000,000 to one bank account in the name of the said G to the account in the name of the said G, and had the said G transfer KRW 28,680,000, excluding value-added tax on the same day to the account in the name of the said F.
Accordingly, the Defendant embezzled KRW 33,00,000, which is owned by the Victim E-Saving Bank, by pretending to pay the certified judicial scrivener fees.
B. (State) The Defendant who pretended to pay advisory fees to K is in a pro-friendly relationship with M who works for the same workplace before being employed as a director at L Savings Bank.