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(영문) 울산지방법원 2017.12.15 2017고합215
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant established the Victim Company F (hereinafter “victim Company”) around September 2001, and transferred its office to the third floor of the building in Ulsan-gu, Ulsan-gu, Seoul-gu, as of January 21, 2007, to the maximum shareholder (as of March 21, 2015, Defendant 49% as of March 21, 201, and Defendant HH 29% as the representative director), who is in the position of managing the Victim Company with the main selling of the services related to the government-funded construction ordered by Ulsan-si, etc., while operating the Victim Company with the number of services related to the government-funded construction ordered by Ulsan-si, etc.

I (Disposition of Suspension of Prosecution on July 18, 2017) entered the victim company on or around March 2003 and promoted to the deputy head on January 2004, around January 2006, around January 2008, the vice head on January 2008, the vice head on January 201, the head on January 201, and the director on January 2015, were in charge of the custody, management, execution, etc. of the victim company's funds under the direction of the defendant.

2. Around December 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) ordered I to execute the funds of the victim company in an attempt to use them for personal purposes by divulging them under the name of false payment to employees of the victim company, false service contract price or loan to other companies, provisional payment to the Defendant, etc., and I conspired to raise useful funds by executing the funds of the victim company according to the Defendant’s direction.

A. On February 2009, the Defendant, by means of a false wage payment method for those registered as an employee, set up a new account for the benefit of those registered as an employee in the victim company and transferred the funds of the victim company to the above benefit account, and re-transfer them to the borrowed name account.

At around February 10, 2009, I is the victim company at the office of the above victim company.

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