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(영문) 서울중앙지방법원 2014.10.17 2013고합264
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[Criminal Power] On March 23, 2010, Defendant A was sentenced to a suspended sentence of four months for a violation of the Labor Standards Act at the Seoul Eastern District Court, and the judgment was finalized on June 15, 2010.

【Criminal Facts】

Defendant

A From May 2005, from around 2005, a company G (the trade name at the time of its incorporation was a “stock company H”, and around March 22, 2006, the trade name was changed to that of “stock company G”; hereinafter “G”) as the president of the said company. From December 20, 2005 to April 4, 2006, a company I (hereinafter “I”) was the representative director of the said company, and even after the resignation of the representative director, a person who actually operated I.

Defendant

B served respectively as the representative director from September 27, 2005 to July 28, 2006 and from September 15, 2006 to G, and from April 4, 2006 to September 15, 2006, I served as the representative director of G.

1. The Defendants’ co-principal

A. Defendant B decided to borrow KRW 600,000 from I on March 20, 2006, and withdrawn KRW 500,000,000 from the Agricultural Cooperative (J) account in the name of I on March 21, 2006 and KRW 100,000 in cash, respectively.

The Defendants, while on April 6, 2006, kept 600 million won in the Agricultural Cooperative Account (K) in the name of the Victim G for the said Company, were embezzled by using the said KRW 600 million to repay Defendant B’s debt to the Agricultural Cooperative Account (M), by arbitrarily transferring the amount of KRW 710 million, including the above KRW 600 million, from the victim G office located in Gangnam-gu Seoul Metropolitan Government L, to the above KRW 600 million.

Accordingly, the Defendants conspired and embezzled the victim G property.

B. On April 5, 2006, the Defendants were arbitrarily transferred KRW 39,267,170,000,000,000 to the National Bank of Korea Credit Guarantee Fund Games (N account) of the Korea Credit Guarantee Fund Games (N account) while keeping 39,267,170,000, which was kept in the Agricultural Cooperative account (M) in the name of the said company at the victim I office in Gangnam-gu Seoul, Seoul for the victim I.

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