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(영문) 대구지방법원 2014.03.14 2014고합22

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Victim D Co., Ltd. is a company with the purpose of printing, printing, and processing of sets, and the Defendant was the representative director of the victim company from January 6, 199 to July 28, 2009, and the representative director from July 29, 2009 to January 201, 2014.

In order to separately manage profits from sales through non-data transactions in the name of E, the Defendant, while operating the victim company, created an enterprise bank account (F), our bank account (G), and H in the name of H, Korea Bank account (I), and J (K) in the name of the Defendant’s children, and used part of the company’s revenues deposited into these accounts for personal purposes, such as cost of living.

around January 30, 2003, the Defendant received 3.5 million won from a branch of the Korea Bank Southern-dong, Incheon, from a customer through an enterprise bank account in the name of E and kept it for business purposes, and used 565,888,227 won, excluding the purchase cost, etc. of raw materials, for personal purposes such as living expenses, from March 29, 2012 to March 29, 2012.

In addition, on January 13, 2006, the Defendant received five million won from the customer in the City Bank Gwangju metropolitan branch located in Geumnam-gu, Gwangju, through the account in the name of J from the customer and kept it for business purposes, and from then to May 30, 2008, deposited KRW 193,789,613, excluding the purchase cost, etc. of raw materials, at around that time while keeping it for business purposes, at the City Bank Gwangju branch, the Defendant deposited KRW 5 million in the City Bank account in the name of J from May 30, 2008.