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(영문) 서울중앙지방법원 2015.06.19 2014고합605
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

From September 13, 2006 to June 28, 2011, A managed the victim company as the representative director of the victim company F (hereinafter “victim company”) and from July 2006, A was in office as the representative director of G Co., Ltd. (hereinafter “C”) from around July 2006 to around July 2006, and was in general in charge of the management and execution of the funds of each of the above companies.

1. Defendant A, through the method of paying the funds of the victim company G on August 1, 2008, transferred the funds of the victim company to G for advance payment of KRW 18,100,000 of the victim company’s funds in the office of the victim company located in Chungcheongnam-si on August 1, 2008. From that time, Defendant A embezzled the funds of the victim company by arbitrarily using the funds of KRW 96,583,00,00 as the corporate account of G, without obtaining a resolution of the board of directors, etc. over seven occasions until February 10, 2011, as stated in attached Table 1 Nos. 10, 21, 39, 44, 56, 61, and 75 until February 10, 2011.

2. On January 31, 2011, Defendant A embezzled occupational embezzlement by a method of paying taxes to B with the funds of the victim company: (a) withdrawn KRW 1,80,688 under the name of provisional payment against B while the victim company’s funds were kept in the office of the victim company, and paid income tax and resident tax imposed on B; and (b) thereafter, Defendant A embezzled the funds of the victim company three times from that time to April 11, 201 by withdrawing KRW 3,296,688 as stated in attached Table 2-5, 6, and 7.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of a witness J, K's respective statements in the second protocol of the trial, the statement of a witness L and M in the third protocol of the trial, the statement of a witness N in the fourth protocol of the trial;

1. The suspect interrogation protocol against Defendant A by the prosecution

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