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(영문) 수원지방법원 2014.12.16 2013고합618

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendants shall be punished by imprisonment with prison labor for one year and six months.

However, with respect to Defendant B, it shall be for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On June 9, 201, Defendant A sentenced Defendant A to imprisonment with prison labor for a crime of fraud at the Suwon District Court on January 9, 201, and the judgment became final and conclusive on December 22, 2011.

【Criminal Facts】

1. The Defendants, as the former representative director of the Victim H Co., Ltd. (hereinafter “victim Co., Ltd.”) that is a company manufacturing the semiconductor equipment in the L CD G in the ethic City, Defendant A overall control over the above company’s personnel organization management, fund management and enforcement, etc., and Defendant B served as the head of the planning headquarters of the victimized company.

Defendant

A In order to promote consulting and new and renewable energy businesses, around March 2007, A accepted I Co., Ltd. (hereinafter referred to as “I”), and J(hereinafter referred to as “J”) around January 2008, Co., Ltd. (hereinafter referred to as “K”) respectively.

Defendant

A, upon receiving a demand for the repayment of debt with respect to personal bonds, had been used by the injured company, the injured company pretended to make an investment in the Kazakhish mine and tin mountain development in the Kazakhish State and intended to embezzled the funds of the damaged company to the I and J account.

On November 12, 2008, the Defendants conspired to repay the Defendant’s debentures with the funds owned by the victimized Company in the course of performing their duties, and the Defendant A instructed the victimized Company B to transfer the funds of the victimized Company to the Defendant’s personal debentures. The Defendant B transferred KRW 350 million from the foreign exchange bank account in the name of the victimized Company to the new bank account in the name of J via the new bank account in the name of J, and then again remitted KRW 50 million from the Defendant B’s bank account in the name of M to KRW 100 million, and KRW 200 million to the national bank account in the name of M.

Defendant

A In addition, from March 3, 2008 to November 12, 2008, the sum of the corporate funds owned by the victimized company as shown in the annexed crime list (No. 17 and No. 18) from March 3, 2008, 200959,000,000 won.