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(영문) 광주지방법원 2018.09.14 2018고합178
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From June 11, 2010 to June 11, 2013, the Defendant, as the representative director of E Co., Ltd. (hereinafter “victim”) established for the purpose of manufacturing and selling food, controlled the management and financial affairs of the said company as the representative director of E Co., Ltd. (hereinafter “F Co., Ltd.”), established for the purpose of manufacturing and selling food.

1. On September 16, 2010, the Defendant: (a) received a loan of KRW 820,000,000 from the company’s factory site located in Seongdong-gun G Co., Ltd. (hereinafter “the land owned by the victimized company”) prior to the ownership of the victimized company, which is the only asset of the victimized company that did not engage in business activities; (b) had the intent to use some of the funds in the business for personal living expenses, etc.; and (c) arbitrarily paid KRW 39,00,000,000 for H car purchase in the name of the Defendant’s religious order executives and employees participating in the establishment of the victimized company; and (d) arbitrarily paid KRW 1,702,640 for the credit card use price in the name of the victimized company that was used individually by the Defendant and the above H during the period from December 24, 2012 to December 31, 524, 2012.

2. On April 5, 2012, the Defendant in breach of occupational breach of trust loaned KRW 250 million in the name of the Defendant to use the Defendant’s apartment purchase fund, etc. from the Sungsung-dong, the Defendant violated his/her occupational duty by setting up a collateral security right on the land owned by the victimized company (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

3. On November 15, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has sold the land owned by the victimized company and then has paid the remainder of the money repaid by the said company out of KRW 2.1 billion, on behalf of the said company.

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