특정경제범죄가중처벌등에관한법률위반(횡령)
Defendant shall be punished by imprisonment for a term of one year and six months.
An application filed by an applicant for compensation shall be dismissed.
Punishment of the crime
On September 6, 2012, the defendant was sentenced to imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court on September 6, 2012 and the judgment became final and conclusive on September 13, 201
The Defendant is the actual operator of G Co., Ltd., Ltd., which is located in the Seoul Special Metropolitan City E Co., Ltd. and in the Seoul Special Metropolitan City, Chungcheongnam-gun F.
Around December 2011, the Defendant introduced the Victim I (Death, October 13, 2012) from the Defendant’s wife, and agreed to establish a JA and own 50% shares of each 50% of the shares with the victim, and to operate a business with the same business. Around March 2012, the Defendant, under the name of J, agreed to take over the L slaughterhouse owned by the Defendant, a corporation located in Gangnam-gun K, Gangnam-gun, J in the name of J.
On March 22, 2012, the Defendant concluded a sales contract with N, the representative of L, a corporation, on a slaughterhouse, and the victim invested approximately KRW 2.3 billion from March 22, 2012 to June 2, 2012 to J with the fund for slaughterhouse takeover. The Defendant paid approximately KRW 380 million to N in lieu of the slaughterhouse purchase price, and the Defendant and the victim transferred the slaughterhouse ownership from N to J, and jointly operated the said company on June 14, 2012.
However, around July 2012, N et al., a creditor who invested money in a slaughterhouse through N et al. has been hindered in the progress of the slaughterhouse business by filing a lawsuit against L corporation, J et al. for the prohibition of real estate disposal in the Gwangju District Court's support. In order to smoothly carry out the slaughterhouse business, J et al. need to withdraw the lawsuit by mutual consent withO in order to only carry out the slaughterhouse business.
On August 13, 2012, the Defendant received KRW 500 million from the victim to the account under the name of a limited liability company E, and transferred the said money to the account in the name of P, a joint business proprietor, while carrying out business for the victim. On the same day, the Defendant transferred the said money to the account in the name of P, a branch of which is a joint business proprietor, and made P operate the said money.