특정경제범죄가중처벌등에관한법률위반(횡령)
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 2010 to December 2012, is a person who is working as the victimized Company (State) Executive Director, and was in general in charge of the management of company funds, fund execution, etc.
When the Defendant was aware of a large number of damage caused by failure to invest in stocks before and after the IMF, the Defendant transferred money as if the victimized Company paid D short-term loans to D in the manner of embezzlement of the damaged Company’s funds by withdrawing and using the money from D’s account.
The Defendant stated the written indictment in 2011, but it appears to be a clerical error in 2011.
5. On 19. Around 19.m., the Seoul Special Metropolitan City Gwangjin-gu ordering F, an employee, to transfer KRW 220 million from D’s account to D’s loan, and F, on the same day, from the Korean bank account (Account Number: G) to D’s account in the name of the damaged company in the name of the damaged company, the defendant transferred KRW 220 million from the Korean bank account (Account Number:H), and the defendant transferred KRW 25.30 million from the same month to the Korean bank account (Account Number) in the name of the damaged company.
6. On May 30, 15, 198, 15.360 million won was remitted to the Korean bank account in the same manner, and thereafter, it was embezzled by using the amount of KRW 880 million in total of the funds of the victimized company for the purpose of paying back the outstanding amount of the stock price or personal debt after remitting it to the Korean bank account in its own name (Account Number: I) and the J bank account (K).
Summary of Evidence
1. Defendant's legal statement;
1. Provision of specified financial transaction information, specified financial transaction information, registration matters, full certification (C), transaction advance table, details of the source of funds for KRW 580 million, and application of Acts and subordinate statutes on the source of funds for repayment;
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 of the Criminal Act shall apply to the relevant criminal facts and the choice of punishment.