특정경제범죄가중처벌등에관한법률위반(횡령)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
but for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
The crime of this case is committed by the Defendant, while operating the victim company, raising funds by withdrawing the transaction amount to be paid to the transaction company over several years and receiving a refund of the difference from the actual price through a borrowed account, etc., and then arbitrarily consumed the funds and embezzled money worth KRW 3.7 billion of the funds of the victim company. In light of the specific contents, circumstances, and methods, etc. of the crime, the crime cannot be deemed to be less than the nature of the crime.
However, it is necessary to fully consider the following circumstances favorable to the defendant in determining specific punishment against the defendant.
① Around 2006, the Defendant established the Victim Company, which contributed significantly to the growth of the Victim Company into the enterprises of the same kind in the same industry, while operating the Victim Company for about nine years.
The defendant initially dealt with the expenses required for the development of overseas markets of the victim company, or appears to have started raising funds for the reduction of corporate tax, etc. of the victim company, and it does not seem to have raised funds for the purpose of promoting the personal interest of the defendant from the beginning.
② The Defendant committed all of the instant crimes, and is in depth repenting his mistake.
In addition, on January 27, 2015, the Defendant transferred 179,417 shares of the victim company that the Defendant had held under the name of I (41.84%) to the victim company without compensation and completed the transfer procedure.
In addition, the Defendant paid a total of KRW 200 million ( KRW 50 million on April 28, 2015, KRW 30 million on May 15, 2015, KRW 120 million on June 8, 2015, and KRW 1408,850 on shares of the victim company held by the Defendant and KRW 16,078 on shares of the victim company held by the Defendant.