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(영문) 수원지방법원 2015.09.03 2014고합767
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

Defendant

B From May 2007 to December 2007, as the representative director or business manager of the State (hereinafter “H”), the main business entity that mainly engages in the import and supply of products, such as the amba (NH3), nitrogen oxides (NOx), and the installation of various electric and measuring facilities of road construction works, etc., and has overall control over the management of H’s business, such as operation, accounting, and fund management, under the direction of the Chairperson. The Defendant A worked as the H’s re- border leader from around 2005 to May 2007. From around December 2012, 201 to December 12, 201, the Minister of Justice (hereinafter “J”) has overall control of H’s accounting and management of H’s funds, including all kinds of claims and debt management, and response to litigation.

Defendant A, while managing and keeping H funds, appropriated the short-term loans in the name of executives and employees, advance payments in the name of the executives and employees, and received them. Defendant A, the representative of H, etc., paid H’s funds under the name of false credit purchase funds, construction advance payments, etc. to related companies, such as K, etc. and trading companies established on the ground that H’s executives, etc., and received them, and offered them back to the same, and offered so-called “non-funds” as the method of accounting settlement or the method of collective offset settlement under the name of external processing expenses, and offered them for personal use, such as repayment of related company liabilities, payment of individual taxes, credit card payment.

Accordingly, on October 23, 2009, Defendant A received KRW 200,000 from the office located in Gangnam-gu Seoul Metropolitan Government L, as an advance payment for driving engineer M, and used it for the personal purpose and used it for H, as shown in the attached list of crimes (1), from September 10, 2013: Provided, That Defendant A’s act from January 201 to January 2012.

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