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(영문) 울산지방법원 2016.12.02 2015고합327
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 of this judgment.

Reasons

Punishment of the crime

1. Defendant A, including the Defendants, is the representative director of the F Co., Ltd. F (hereinafter “F”) on the E and the second floor E in Chungcheongnam-si from March 21, 2005 to September 26, 2007. From that time, Defendant A is the internal director of the said company from that time until July 28, 2013, and continues to be the representative director of the said company thereafter.

Defendant

B is the representative director of the above company from September 26, 2007 to July 29, 2013, and thereafter, he is in charge of F’s on-site management and fund execution as an internal director of the above company from then to then, and is a partner of Defendant A’s wife G.

2. The Defendants conspired to commit a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and embezzled the total amount of KRW 752,482,780 owned by the Victim F (hereinafter “victim”) on a total of 51 occasions as follows. A.

A company causing damage to the use of corporate funds which pretended to pay normal trade prices and benefits was awarded a subcontract for KRW 750 million to H around August 201, 201 from the research task of the Korea Environmental Industry and Technology Institute under the control of the Ministry of Environment (hereinafter referred to as “H”), which is a research task of the Korea Environmental Industry and Technology Institute established under the Ministry of Environment, for the collection of bio-energy and the spread of KRW 2.5 billion to H around August 21, 2012. From around August 12, 2013, H was awarded a subcontract for the construction of bio-Industrial Facility at KRW 750,000,000; around August 12, 2013; from around 200,000 to June 26, 2013, H was awarded a subcontract for the performance of the task selected as “K” as the main contractor; and received KRW 3.5 billion from H to June 2013, 2013, respectively.

However, as seen above, the Defendants are entrusting parties with the execution of corporate funds for the J Corporation and the implementation of its research tasks.

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