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(영문) 서울중앙지방법원 2018.07.13 2018고합308
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

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

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

The defendant, as the actual owner of the interest of the chairperson of the victim E Co., Ltd. (hereinafter "victim Co., Ltd.") for the purpose of housing construction implementation project, has overall control over the management of the above company and managed and executed funds.

On January 18, 2008, the Defendant withdrawn KRW 100 million from the bank account in the name of G, which was kept in custody of the funds of the victim company, and used at around that time to pay the down payment for the apartment house purchased in the name of the Defendant’s former wife H, from around September 24, 2015 to around September 2015, the Defendant withdrawn KRW 1,020,259,510 of the funds of the victim company from around 204 to around that time, and used them for personal purposes, such as living expenses and personal debt repayment of the Defendant.

As a result, the Defendant embezzled KRW 1,020,259,510 of the funds of the victim company in occupational custody.

Summary of Evidence

1. Partial statement of the defendant;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by each prosecutor with respect to J, K and L;

1. Each police statement made with respect to M and N;

1. The investigation report (the letter of answer and documentary evidence submitted by the Korea Deposit Insurance Corporation) and accompanying documents against the Defendant, I, N, M, andO, each letter of answer to each of the following questions, the details of the withdrawal of interest on construction funds, the details of the withdrawal of checks, the details of the withdrawal of checks, the details of the withdrawal of checks, the details of the withdrawal of checks, the details of the withdrawal of checks, the summary of the use of the borrowed funds of P Co., Ltd., the details of the funds flow of the borrowed funds of P Co., Ltd., the details of the cash withdrawal of the embezzled amount, the details of the cash withdrawal of the embezzled amount, the details of the receipt of checks, the details of the disbursement of net borrowed funds by stockholders, the details of the disbursement of the borrowed funds, the details of the receipt of mutual installment checks, the details of payment of the payment of the mutual savings deposits, criminal case attorney's fees, the flow of the funds for purchase of housing in H name

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