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(영문) 대구지방법원 영덕지원 2014.02.06 2013고합13
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.

Reasons

Punishment of the crime

On December 3, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for occupational embezzlement in the Daejeon District Court on December 3, 2009, and the said judgment became final and conclusive on September 29, 2011.

From July 19, 2002 to June 8, 2006, the Defendant served as the representative director of C Co., Ltd. (D Co., Ltd. on June 8, 2006). The Defendant actually operated D by June 8, 2009 from the next day.

1. The Defendant committed the crime of May 12, 2006, around May 11, 2006, sold the land E, 7,235.4 square meters of the land in Chungcheongnam-gun, Chungcheongnam-gun, Co., Ltd., Ltd., in the course of negotiations in the process of acquiring a complex city due to the construction of an administrative-oriented city, and sold the total purchase price of KRW 1,215,514,70 to the Korea Land Corporation as the purchase price for the said land was KRW 1,258,959,60. The amount actually deposited to C, as seen below, is KRW 1,215,514,700.

B During the business custody of the said Company’s deposit account (F) in the name of the Nonghyup Bank (F), withdrawn KRW 300 million from the following day ( May 12, 2006) to the Defendant’s account of H Enterprise Bank (Account Number: I) with the Defendant’s acquisition price of stocks G Co., Ltd. and embezzled it.

2. The Defendant committed the crime of December 19, 2006, around December 19, 2006, deposited KRW 532,741,860,00 from the Korea Land Corporation to the foreign exchange bank account (J) bank account under the name of D Co., Ltd. in the course of acquisition of the consultation under paragraph (1) around December 19, 2006, and deposited KRW 500,000,000,000 out of the above money to the Industrial Bank of Korea account under the name of D Co., Ltd. at the time of the representative director, and returned it to the Industrial Bank of Korea (M) account under the name of the Defendant, and deposited it into the N Co., Ltd.’s company account (O) as the purchase price of stocks, and paid KRW 250,000,000 as the stock price of G Co., Ltd. at around that time. The remaining KRW 10,000,00 won was arbitrarily consumed and embezzled.

Summary of Evidence

1. The defendant;

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