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(영문) 창원지방법원 통영지원 2019.05.23 2018고합86

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment with prison labor for three years, for two years and six months, for defendant C, for two years and for two years, for defendant D.

Reasons

Punishment of the crime

[2018Gohap86: Defendant A, B, and C] Defendant A is the actual manager of the F Stock Company in E from May 21, 1998, who was involved in the overall management of the Company, including the management of the Company’s funds.

Defendant

B is a person who is engaged in the general affairs of finance as a general affairs management director of the above company.

Defendant

C is a person registered as a representative director in the name of the above company from November 24, 2005 to September 1, 2015, with the above A's Chok's fraud (the spouse of H, who is the large person of the A's father).

1. Joint criminal conduct by Defendant A and Defendant B

A. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the form of processing benefit determined that Defendant A was unable to externally act as the representative director of the victim FF Co., Ltd. (hereinafter “victim Co., Ltd.”) at the same time while engaging in political activities as I City Council members in November 2005, and thus, C would be appointed as the representative director under the name of the victim Co., Ltd. (hereinafter “victim Co., Ltd.) and conspired to embezzled the benefits of the representative director C paid under the name of the victim Co., Ltd. using the opportunity by withdrawing in cash

Accordingly, the Defendants, while keeping the funds of the victim company in the course of business in around 2005, did not have any fact that C had worked in the victim company or performed the duties as representative director, performed accounting of the sum of KRW 8,712,00 in the name of salary of C, and then withdrawn in cash by Defendant B and delivered it to Defendant A, and Defendant A embezzled by using it for personal purposes from that time to that time, and embezzled total of KRW 942,190,356 in the above manner as shown in the list of crimes in the attached Table 1, from that time, until 2015.

B. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the form of loan are Defendant A around October 31, 2008.