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(영문) 수원지방법원 평택지원 2014.10.22 2013고합51
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The defendant A shall be punished by imprisonment for two years;

However, the above defendant shall be sentenced to the above defendant for 3 years from the date of this judgment.

Reasons

Criminal facts

[Defendant A]

1. 2013Gohap51 - Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and Defendant A of occupational embezzlement (hereinafter referred to as “Defendant”) are the representative director of the Victim H Co., Ltd. established for the purpose of manufacturing and selling industrial light equipment (hereinafter referred to as “victim Co., Ltd.”) who exercises overall control over the overall management of the Victim Co., Ltd. such as the business and fund management.

Around January 11, 2010, the Defendant embezzled the amount of KRW 130,00,000, out of the corporate funds owned by the victim company that the Defendant was in his/her custody for personal purposes without having gone through lawful procedures, such as a resolution of the board of directors, at the victim company office located in Pyeongtaek-si (JJ in Pyeongtaek-si in the name of road address) without setting interest or maturity, and without having gone through lawful procedures, such as a resolution of the board of directors, etc., and used it for personal purposes from around that time to December 31, 201 in the same manner as shown in the attached Table of Crimes (1), and embezzled the amount of KRW 1,65,013,180, out of the corporate funds owned by the victim company.

B. Around November 12, 2009, the Defendant’s embezzlement of corporate funds through a processing transaction.

On August 6, 2012, the K operator changed the trade name to M Co., Ltd. at the place described in the paragraph.

(2) Although the construction contract was not entered into with L (hereinafter “L”) and the construction cost was paid, the former transferred KRW 129,800,000 to L corporation account by pretending to be the payment of the construction cost, and then received full return from K in cash and embezzled all of them on behalf of the victim company by arbitrarily consuming them during the course of carrying out the business for the victim company, and embezzled KRW 324,50,000 as shown in the separate crime list (2) between around that time and December 10, 209 in the same manner.

C. The Defendant, due to the omission of sale, embezzled of corporate funds. The Defendant on April 21, 2010.

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