특정경제범죄가중처벌등에관한법률위반(횡령)등
[Defendant A] The defendant shall be punished by imprisonment for three years.
However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.
Punishment of the crime
[Basic Facts] Victim I Co., Ltd. (the current representative director J, the former representative director D) is a company established for the purpose of the construction business, etc. in Jung-gu Incheon Metropolitan City K. L Co. (the representative director M) is a company established for the purpose of the construction business, etc. in Bupyeong-gu N., Incheon. The corporation is a company established for the purpose of the construction business, etc. in Bupyeong-gu, Incheon. On August 13, 2013, O separately established victim I Co., Ltd. for the construction, electricity, fire fighting, etc. while changing its trade name to L.
Defendant
A, from June 201 to June 201, he/she was employed as the head of the victim company and was employed as a director of the victim company I from June 201 to March 2015, he/she was in charge of the conclusion of the construction contract, the custody of construction cost, execution, etc., of the victim company I. Defendant B is a director of the above L company. Defendant C is a person who was in charge of the field collection duties while serving as the head of the victim company I. Defendant C is a person who was in charge of the field collection duties while serving as the head of the victim company I. Defendant D is a person who was registered as the victim company I’s representative director from around 2013 to March 19, 2015. Defendant E and Defendant F is a person who was registered as the victim company I’s representative director in charge of the field collection duties.
[2] Defendant A, upon entering into a contract for a construction project with a subcontractor, had the subcontractor receive a refund of part of the construction price and use it at his own discretion. Defendant B, Defendant C, Defendant E, and Defendant F conspired to use it at his own discretion after receiving a refund of the construction price from the subcontractor’s bank account in the name of the subcontractor. Defendant B and Defendant C conspired to use it for a building construction under their own name by reducing the materials on the construction site owned by Defendant B and Defendant C.
1. Defendant A
A. The defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is the above B.