특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for two years.
1.0 billion won shall be additionally collected from the defendant.
The above additional charges are imposed on the defendant.
Punishment of the crime
[Status Relationship and Presumption Facts] The Defendant is a person who was engaged in the management of the H’s funds as the head of the management support team of G Co., Ltd. (hereinafter “G”), which is an investment advisory company located in the Seoul F, F, 13, 14, and 16th level in Gangnam-gu, Seoul (hereinafter “G”), and I is a person who was engaged in the management of the funds of the G real representative.
Han Part H is the real representative of G and the J is the representative of K in the name of K, a private business entity managing the investment funds of interest G in the nominal owner of the account receiving the investment funds from G investors. H and J et al., operating G from March 2015 to August 12, 2015, committed a crime of facilitating a total of 138 billion investment funds from the total of 290 investors, and around August 2015, upon commencement of an investigation into G from the Financial Supervisory Service around August 17, 2015, by searching the office of G from the prosecution around September 17, 2015. At that time, H was detained for four years by being sentenced to imprisonment with labor for a violation of the Regulation of Similar Receiving Act from the method of KRW 12, 2015, and was arrested until August 12, 2015.
[Specific criminal facts] The Defendant, along with I, was detained in court around August 12, 2015 by H as a separate case, and the Financial Supervisory Service and the prosecutor’s office conducted the investigation into G from the end of August 2015, the management of large amount of checks, etc., which were delivered from many investors in G to the representative office under the name of investment deposit, etc., was neglected. As such, the Defendant, along with I, gathered that part of the said checks managed on behalf of H were arbitrarily divided and used.
On September 16, 2015, the Defendant, together with I, was in custody in the UAE at the office of the representative H around September 16, 2015.
30,000,000 won of the check (hereinafter “the check in this case”) is issued on September 3, 2015 from the O bank P account in the name of “M” of G’s subsidiaries.