(영문) 전주지방법원 군산지원 2017.01.12 2016고합156

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(영문) 전주지방법원 군산지원 2017.01.12 2016고합156

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

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

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

Reasons

Punishment of the crime

[criminal record] On January 7, 2015, the Defendant was sentenced to a suspended sentence of ten months for the crime of embezzlement in the military branch of the Jeonju District Court for the crime of embezzlement, and the judgment became final and conclusive on September 20, 2016.

[2] From August 2002, the Defendant was a representative director of the victim E company (the Defendant and Defendant’s wife F show 50% shares) located in Gunsan-si D, and was engaged in the business management and fund management of the victim company. The Defendant, separate from the victim company, operated the limited company G (the former limited company H, hereinafter “G”), the company I (the former J, hereinafter “I”), and the K Co., Ltd (hereinafter “K”).

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) exported the flag “L”, which is an important asset of the victim company engaged in marine transportation business to a foreign country on August 19, 2009, and embezzled the amount of USD 120,000 that was paid for the sale price for the victim to the new bank account in the name of the victim company for the victim company, by withdrawing the same amount on the same day as that of the victim company's business for the victim company, and using it as the cost for building the G-owned M& operated separately by the defendant from around that time to March 2, 2010, as shown in the attached list of crimes, for a total of 12 times from that time to March 2, 2010.

Accordingly, the defendant embezzled the property of the victim while on duty.

2. The criminal defendant in occupational breach of trust is engaged in the management and fund management of the victim company and is obliged to manage the property owned by the victim company faithfully, not to dispose and use it for the purpose of securing another person's obligation, and the disposal and transfer of important property was an occupational duty to be determined by a resolution of the board of directors.

The defendant as above.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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