특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
[criminal records] On December 14, 2017, the Defendant was sentenced to imprisonment for 8 months with prison labor for a crime of violating the Punishment of Tax Evaders Act in Changwon District Court (Seoul District Court) on December 14, 2017, and the judgment was finalized on May 18, 2018.
[ criminal facts] The Defendant was a person who served as the representative director of D Co., Ltd., Ltd. (hereinafter “D”) located in Gyeongnam-gun (hereinafter “D”).
E is the representative director of the Victim G Co., Ltd. (hereinafter referred to as “Co., Ltd.”) located in the Changwon-si, the Changwon-si, who takes overall charge of the management and financing of the said company as the representative director of the said company, and I was working as the deputy head of the J branch and the K branch.
On November 2015, the Defendant, along with E and I, prepared false accounting and tax data as if the Victim G had not contracted the construction work to D in the Victim G office, and, if the Victim G transferred money to the Financial Account under the name of D (Account Number) in the name of D (Account Number) under the name of D (Account Number) for the payment of the construction cost, he/she again remitted money less than 15% of the additional tax and fee to another Financial Account (Account Number (Account Number: M) kept by the Defendant from the said account, and then, he/she would make a deduction of money owned by the Victim G by the Defendant by means of re-drawing it in cash.
E transferred KRW 1,427,270,00 in total to the same account from January 26, 2016 to the same account while keeping the funds of the victim G in the course of business at the victim G office on November 9, 2015, E transferred KRW 1,268,00,000 in total from March 4, 2016 to July 1, 2016, E received KRW 1,268,000 in the name of D (Account Number: M) managed by the Defendant to return KRW 1,268,00,000 in total from March 4, 2016 to July 1, 2016.
Accordingly, the defendant is owned by the victim G in collusion with E and I.