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(영문) 대구지방법원 포항지원 2016.09.26 2016고합43
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant, from June 15, 199, was the actual operator of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) from around June 15, 199, who was involved in the overall management of the company, including the management of the company’s funds.

The defendant, using his position that actually operates the victim company, instructed the fund manager to withdraw the company's funds, and thought to use it for personal purposes, such as purchase price of apartment, personal business investment, living expenses, repayment of personal debts, etc.

1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) around June 4, 2009, embezzled KRW 1,510,00,000 in the form of lending company funds in the form of lending company funds in spite of the absence of the fact that there was a resolution of the board of directors, the preparation of a certificate of borrowing, and the agreement on the interest rate due and due, on behalf of the victim company at the office of the victim company located in North-gu, North-gu, North Korea on behalf of the victim company, and embezzled by voluntarily using the funds for personal purposes, such as withdrawing the funds and investing in the personal business or appropriation of living expenses, etc. from that time to December 16, 2014.

2. Occupational embezzlement;

A. On December 24, 2008, the Defendant, in the form of occupational embezzlement of processing benefits, made the victim company’s funds while keeping in business for the victim company at the victim company’s office, transferred KRW 3,634,025 to H who did not actually have worked as an auditor at the victim company, and embezzled by voluntarily using them for personal purposes, such as returning them to the account in the name of G of the Defendant and the Defendant’s children, or appropriating them for living expenses. From that time to August 2013, the Defendant paid the processed benefits as above.

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