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(영문) 청주지방법원 2019.06.14 2018고합267
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2018, the Defendant was indicted to the Cheongju District Court for a crime of occupational embezzlement, and is currently pending in the trial of the first instance court.

【Criminal Facts】

( Note)B (hereinafter “victim Company”) is a corporation for the purpose of manufacturing and selling motor vehicle parts, and is a subsidiary of C(State). The Defendant was the representative director of the Victim Company from January 2008 to September 2017, 201, who was in charge of the business affairs of the Victim Company, such as personnel and financial management, and is the representative director of D’s company established around January 2, 2009 and the director of E(State) established around October 12, 2015.

The operator of M Industrial Complex L in Jincheon-gun, Jincheon-gun, is C(State), and (StateB, as a subsidiary of C(State), invested and the agency for the creation of the said industrial complex, (State) EE was established to be changed to N on August 18, 2017, and (State)D also is a corporation with the purpose of automobile parts and sales business.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was committed in mind that the defendant, in fact one company of the defendant, should be deducted from the name of the victim company to embezzled the funds of the victim company.

On October 15, 2013, the Defendant voluntarily transferred KRW 200,000,000 to the G bank account (I) of the victim company's G bank account in his/her business custody from the victim company's G bank account in his/her business to the G bank account (H). From around that time, from around November 20, 2014 to around November 20, 2014, the Defendant transferred KRW 1,322,50,000 in total on 21 occasions in the same manner as the attached list 1 of the crime list of crimes.

As a result, the Defendant embezzled 1,322,50,000 won of the victim company's property in the course of business.

2. On July 30, 2013, the Defendant: (a) transferred KRW 150,000,000 as the contract amount for the purchase of company houses from the G bank account (H) account of the victim company under occupational custody to the G bank account of J, the Defendant’s wife; and (b) from around that time, the Defendant transferred KRW 150,00,000 as the contract amount for the purchase of company houses from the time of the transfer.

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