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(영문) 전주지방법원 2012.05.31 2011고합198
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

[2011 Gohap198] The defendant, as the chief director of the victim D's D's D's D', engaged in the business of managing and preserving the real estate and assets of the said clan.

1. On December 30, 2009, the Defendant entered into a contract to sell six parcels of land, including the 433,657 square meters of forests and fields, and 436,818 square meters of forest land, which are owned by the victim’s clan, to the head of the competent Gun/Gu. On January 14, 2010, the Defendant transferred KRW 2.15,1112,550,00 of the purchase price of the said land from the head of the competent Gun/Gu office to the national bank account in the name of the president from among the Category D members, and kept the said clan for business purposes.

On January 15, 2010, the Defendant: (a) withdrawn KRW 70 million, out of the above money that he had been under the custody of the Defendant for the victim’s clan from the Korean National Bank in the Young-gu, Seoul Special Self-Governing Province; (b) around that time, he consumed the FF’s land development work cost in the name of the land development work cost; and (c) from that time to July 6, 2010, the Defendant embezzled KRW 1798,792 in total on 36 occasions, such as the statement in the list of crimes in the attached list of crimes.

2. On November 23, 2010, the Defendant deposited KRW 1.88,839,000,000,000,000 from the price for selling part of F-type land in order to repay the amount embezzled as above, into the account of one bank accounts of the D-type and five joint names, and kept the victim’s clan for business purposes.

On January 28, 2011, the Defendant withdrawn KRW 800,000,000, out of the above money that he had been under his business custody for the victim’s clan from Han Bank, which was in the Dong-dong, Jeonsan-si, Jeonju, and embezzled by consuming it with the purchase price for land in Franchiscing on the same day.

[2012 Gohap58] The defendant was appointed as a director of victim H of the school foundation established by D clan around April 6, 2008, and around September 12, 2008, the defendant was assigned as the chief director of the above corporation and was engaged in overall management of the business affairs and fund management of the above corporation and G high-ranking corporation.

The Defendant is as above.

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