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(영문) 인천지방법원 부천지원 2017.06.09 2016고합243
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for three years, respectively.

Reasons

Punishment of the crime

Defendants are de facto marital relations, Defendant B is in charge of fund management and travel operation in victim G Co., Ltd. (hereinafter “victim G”) located in the same place as the victim F Co., Ltd. in Gangseo-gu Seoul Metropolitan Government (hereinafter “victim F”), and Defendant A is in charge of external duties as representative director in the name of the victim G, and H decided to invest funds to the victims and work as an auditor, and H started working together with the victims. At present, there is a dispute over the management rights of the victims between the Defendants and H.

1. Defendant B, from January 2014 to June 2014, was in charge of managing funds and operating travel agents while serving as financial and accounting directors in victim G from around June 2014. Defendant A, from around May 30, 2014, was in charge of external duties as the representative director in the victim G’s name.

The Defendants solely managed the funds of the victims, and used the account in the name of the victims (I, the Korea Exchange Bank Account J, hereinafter referred to as the “instant account”) to use the account in the name of the victims as the deposit account of the victims for personal use of the victims’ funds.

A. On September 25, 2014, the Defendants used KRW 3,175,296, out of the amount of money owned by the victims deposited in the instant account at a place where it is difficult to identify the location of around September 25, 2014, for Defendant A’s personal credit card payment.

In addition, as indicated in the list of crimes in attached Table 1, the Defendants are clearly stated in the facts charged, i.e., KRW 61,92,818 in total over 130 times from September 25, 2014 to December 29, 2015 (attached Form 1 / [Attachment 1] 1] that “6,030 won” in 2014 table No. 9 of the year 2014 table 1 is clearly stated in the facts charged as “60,030 won,” and thus, it is corrected ex officio (Evidence 504 pages of evidence record).

for personal purposes at will.

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