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(영문) 서울중앙지방법원 2012.06.21 2011고합1379
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

From May 2005 to the present date, the Defendant was in office as the representative director of CB, a special purpose corporation (SPC) holding 100% of the shares of CB (hereinafter “D”) and was in general in charge of all the business affairs of D (hereinafter “D”).

In the office of the victim D on June 20, 2005, the defendant withdrawn the amount of KRW 25 million from D's funds, which the defendant had been in his/her business, under the name of "the provisional payment by the representative director". Around that time, the defendant used the operating funds of F Co., Ltd. (F changed to G on January 6, 201), the defendant's personal living expenses, etc. which he/she was in his/her own control and operation (hereinafter "F"), and embezzled them without compensation until August 13, 2010 from that time until April 24, 2006, according to the list of crimes in the annexed list of annexed crimes, the defendant claimed that the amount of KRW 3 million was spent on April 19, 2006, and KRW 15 million from May 15, 2006, and KRW 3 million from the account ledger of 2081,886,586).

As indicated in the record, the Defendant withdrawn the sum of D-owned funds in the same manner as that of the Defendant’s business, and then embezzled them for personal purposes, such as F’s operating funds, attorney-at-law fees for the Defendant, and Defendant’s personal living expenses.

Summary of Evidence

1. A statement in court to the effect that the funds owned by the victim company have been withdrawn as the provisional payment by the representative director, such as the statement in the list of crimes attached hereto, made by the defendant in this court;

1. Statement made by a witness H in the second protocol of the trial, and statement made by a witness I in the third protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement to J, I, and K;

1. L, M, N,O, P, Q, R and S.

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