특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) stated in the written indictment on November 20, 1999 that it is stated on November 10, 199, but it is obvious that it is a clerical error according to the 116 pages of the investigation records.
From January 1, 2009 to January 1, 2009, it has been working as the representative director of the Victim G Co., Ltd. (hereinafter “victim Co., Ltd”) and has overall control over the financial management and overall operation of the said Co., Ltd.
When the defendant uses the company's funds, the defendant transferred the company's funds from the company's name account to the one bank account under the name of H of the accounting employee to the one bank account under the name of H, and used the company's funds for the business.
On January 2, 2007, the Defendant: (a) transferred the damaged company’s funds worth KRW 137 million to H’s account from the company name account in Gwangju City’s office; (b) transferred the above funds to the Defendant’s bank account in his personal name; and (c) consumed the damaged company’s funds worth KRW 1,058,645,412 over 82 times in total as shown in attached Table 1 through 4 from January 25, 2005 to October 107, as indicated in attached Table 1 to 4, by means of arbitrarily withdrawing the damaged company’s funds from H account or transferring them to the account designated by the Defendant.
Accordingly, the Defendant embezzled the property of the victimized company.
2. No person who violates the Act on the Registration of Real Estate under Actual Titleholder’s Name shall register any real right to real estate under the name of the title trustee;
Nevertheless, on February 8, 2011, the Defendant jointly purchased a site of 540 square meters in Yong-gu, Young-gu, G Co., Ltd. with J, the representative director of G Co., Ltd., and thereafter leased the building to G Co., Ltd..