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(영문) 대전지방법원 천안지원 2014.02.12 2013고합167

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendants shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the Defendants’ occupational embezzlement.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced on July 3, 2009 to two years and six months in Seoul High Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and the judgment became final and conclusive on September 24, 2009.

[former Fact-finding] The Victim F Co., Ltd. (hereinafter “victim Company”) was established for the purpose of civil engineering and construction and rental housing business on December 30, 1991, and G stated “H Construction” in the indictment of H Co., Ltd., but in full view of the evidence, the above description was revised since it was “H” and “H”.

(hereinafter referred to as “H”) and the actual owner and operator of the victim company.

Defendant

B around September 2003, the bill of indictment in which H office makes it difficult to operate the above company due to health problems is stated that G is the form of the defendant B, but in full view of the evidence, G is the kind of the defendant B, and the above statement was modified.

G upon the request of the H and the victim company to manage the H and the victim company, the H accepted the representative director's office. At that time, the above company's seal impression, representative name plate, and the G resident registration certificate was transferred.

Since then, Defendant B recommended Defendant A to serve as the representative director of the victim company at will without obtaining G consent.

Accordingly, Defendant A served as the representative director of the victim company from October 1, 2003 to October 1, 2006, and from January 19, 2007 to January 19, 201. Defendant B served as H’s director from October 1, 2003 to January 2009, and actually participated in the overall management of the victim company.

Defendant

A At the time of taking office in the victim company around October 2003, A was the largest shareholder of K, Inc. I (hereinafter referred to as “I”), J (Defendant A’s wife) and K (hereinafter referred to as “K”), and Defendant B was the shareholder and the representative director of K.

Defendants shall serve as the representative director of the victim company.