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(영문) 서울중앙지방법원 2013.03.29 2011고합1605
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

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.

Reasons

Punishment of the crime

I. The Defendant, at the request of G, who is the president of the FFI (hereinafter “FI”), joined as the head of the management policy office of H H Co., Ltd. (hereinafter “H”), which he acquired from FII (hereinafter “H”), and worked for the period from September 16, 2005 to October 2004. The Defendant, from September 16, 2005, was appointed as the representative director of H I Co., Ltd. (hereinafter “I. Before the change, was in office for the period of 2008. From August 23, 2006, the Defendant held concurrent office as the representative director of K Co., Ltd. (hereinafter “K”), who is the grandchildren of H (hereinafter “K”), and was registered as the representative director in the name of M and actually operated on February 23, 2006.

The defendant, as the representative director and the actual operator of L, was responsible for the overall management of each company, has dealt with the final decision-making related to the operation of each company, fund management, and fund execution.

Ⅱ Criminal facts

1. The embezzlement of funds of the victim I (the total amount of 363,989,787 won);

A. A. Around October 2, 2006, the Defendant embezzled by granting loans to N on October 2, 2006: (a) around October 2, 2006, at the victim I’s office located in the YO, the Defendant arbitrarily lent KRW 300 million from the money deposited in the victim I’s passbook to N by telephone; (b) withdrawn KRW 300 million from the passbook in the victim I’s name, and embezzled it by voluntarily consuming it to N.

B. From June 2006 to May 2007, the Defendant embezzled by voluntarily consuming the amount of KRW 23,074,720 over 12 times in the name of benefit to P, who did not work as the victim I’s adviser at the victim I’s office.

C. Around December 2, 2006, the Defendant’s embezzlement related to the original tin advance payment delivered to N on January 2, 2007, there is a person who develops real estate from N in the Seoul Southern area from N in the said victim’s I’s office around December 2, 2006.

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