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(영문) 전주지방법원 2015.12.17 2015고합105

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment for two years, each of the defendants B and D shall be punished by imprisonment for one year and six months.

However, Defendant B and D.

Reasons

Punishment of the crime

Defendant

A served as the president of the 10th AD Association from December 1999 to December 2, 201. On July 20, 2001, Co., Ltd. (hereinafter referred to as “Co., Ltd.”) was established, and on April 10, 2004, the name of a corporation was changed to a victim AF (hereinafter referred to as “victim”) and was changed to the name of a corporation from July 20, 2004 to June 2, 2006, and was in charge of financial affairs, such as the chairperson and execution of the victimized Co., Ltd. from June 2, 2006 to March 17, 2014, and the final representative director from March 20, 200 to March 30, 2014; and was registered as the president and executive officer of the victimized Co., Ltd.; and was registered as the president and executive officer of the relevant company.

Defendant

B joined the damaged company on October 24, 2006 and served as a director on March 30, 2009, and registered as a representative director from March 30, 2009 to March 8, 2013, and controlled all the operations of the victimized company, including personnel affairs, general affairs, and finance.

Defendant

D was employed by the victim company on October 11, 2007 and served as the head of the finance team. Since April 15, 2014, it supported the decision-making and enforcement of finance, etc. while serving as a director in charge of funds.

The injured company is a corporation that opened the “AH” located in the Y in the Y, and conducts golf course business, etc. from around 2007 to around 2014, the statement of financial position and income statement of the victimized company has reached an amount equivalent to KRW 294.2 billion as of December 31, 2014 as shown below, and accumulated losses have reached an amount equivalent to KRW 301.1 billion.

Financial statements (units): 205 85,472,127,688 91,873,522,522,253-6,401,394, 565-11,391,280,965 206 141,01,010,874,874,8297,297,367,297,482,47,757,297,367,57,297,47,297,57,297,57,297,57,297,57,207,3232,370,370,370,646,529,297,297,247,297,257,294,257,297,297,2405,294,27,297,2947,27,297