beta
(영문) 의정부지방법원 2017.08.17 2016고합499

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant holds 38% of the shares as the representative director of G Co., Ltd. established on May 17, 2001, holds 83% of the shares as the representative director of H Co., Ltd. established on May 27, 2009, holds 100% of the shares as the representative director of H Co., Ltd. established on March 2, 201, holds 50% of the shares as the representative director of J Co., Ltd. established on April 19, 201, holds 48% of the shares as the representative director of K Co., Ltd. established on August 17, 201, and exercises management rights as a de facto shareholder of the said corporation.

A. Although the facts charged on March 18, 2009 stated that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the Victim G Co., Ltd. in this part of the facts charged as " March 18, 2007", according to the records of this case, the date of transfer of KRW 260,000,000 from the victim G’s account to the Defendant’s account in the name of the Defendant is deemed to be " March 18, 2009," and it is obvious that the above provision is an error. Thus, this part of the facts charged is committed.

In order to raise land price in the process of purchasing land in the name of a defendant in Yangju-si, the representative director removed KRW 260,000,000 from the agricultural bank account in the name of the defendant in the name of the defendant in the name of the defendant in order to make up for the land price in the course of purchasing the land in the name of the defendant, and embezzled it by withdrawing KRW 260,000 from the account in the name of the defendant in the name of the defendant, as well as from August 24, 2007 to July 31, 2015, the amount of KRW 6,963,60,000 over

B. On June 8, 2009, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the victim H, was embezzled by withdrawing KRW 300,00,000 from the Agricultural Cooperative account under the name of the Defendant from the victim H to the account under the name of the Defendant in order to raise land price in the process of purchasing the M land in the name of the Defendant’s individual.