특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for not less than two years and six months.
302,056,691 won shall be additionally collected from the defendant.
Punishment of the crime
After acquiring D Co., Ltd. for the purpose of selling construction materials around September 16, 2014, the defendant, "2017 High 335", the defendant, as the representative director, has overall control over all the affairs including D's fund management and business.
Around March 20, 2015, the Defendant deposited KRW 15 million from the corporate account under the name of the Defendant and remitted money from the said corporate account to the Agricultural Cooperative account under the name of the Defendant. Around that time, the Defendant used the card payment for Defendant’s card payment. From that time to November 30, 2016, the Defendant transferred KRW 90,323,115 in total from the corporate account to the corporate account under the name of the Defendant and the name of the Defendant, with cash withdrawal, for private purposes, such as repayment of debts, living expenses, and payment of interest on loans, and arbitrarily used the money for private purposes, such as embezzlement of KRW 15 million from around October 17, 2014 to March 14, 2017, using the name of the Defendant’s account and the name of the Defendant’s family members, 300,770, 707, 70, 70, 77, and 50.
As a result, the Defendant embezzled the amount of KRW 1,060,696,565 of corporate funds kept in business for the victim D.
The Defendant of “2017 High 350” is a person who operates “D Co., Ltd.”, a company specialized in government-funded projects, which is ordered by various public agencies from around 2003 to September 25, 2014, and operates “D Co., Ltd.”, a same company from around September 16, 2014 to around September 201.
On July 2010, the Defendant agreed to receive 17% of the received amount from the representative I of H Co., Ltd., the Changho Lake Co., Ltd., which is a creative care company, as business fees, in return for ordering the number of contracts ordered by various public agencies upon request from the contracting officers of various public agencies. On June 201, the Defendant agreed to receive 15-20% of the received amount as business fees depending on the scale of the received amount, as compared to K’s representative director of the J Co., Ltd.
The defendant is accordingly a public institution.