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(영문) 수원지방법원 2021.01.14 2020고합248
특정경제범죄가중처벌등에관한법률위반(횡령)
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of Yeongdeungpo-gu building B, and the victim-victim D (former trade name: the Dispute Resolution E, hereinafter referred to as the "victim company") located in Yongsan-gu, the defendant is the representative director.

On November 201, the Defendant agreed to receive a wind power generation project from the victim company in the Haan-gun, Newan-gun, Seoul Special Metropolitan City HJ, which was promoted by F and the Dispute Resolution Co., Ltd., through the victim company, and F agreed to resolve civil petitions arising from the above H field and invest the project funds, and the Defendant, as the representative director of the victim company, will manage the project funds and take overall charge of the project.

On November 7, 201, the Defendant: (a) transferred the said money to the J on or around the 29th of the same month in the course of performing business on behalf of the victim company, and used it as the business fund of the “K” established with the J, etc. separate from the victim company; and (b) embezzled KRW 655,824,500 for the victim company’s own funds for 23 occasions from November 25, 2014 to November 25, 2014, as shown in the list of crimes in the separate list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness F’s certificate of all matters to be registered in the police’s statement protocol relating to the statutory L of the witness F (Evidence No. 2);

1. The certificate of deposit in each passbook (Evidence Nos. 3, 76, through 78), detailed inquiries by case (Evidence Nos. 4,38), financial transaction details (Evidence Nos. 25), each past transaction details (Evidence Nos. 42,43, 53, and 54), each deposit transaction statement (Evidence No. 55, 96), the detailed statement of deposit transactions (Evidence No. 57), each financial status statement, each financial transaction (Evidence No. 58), each statement, each statement of profits and losses, each statement of profits and losses, and each transaction statement of the vehicle treated as deficit;

1. Each investigation report (the list Nos. 117, 129, 130, 133, 135, 143, 144, 148, 150, 152) and a certified copy of the registry attached thereto, a ledger by account, accounting data, and account details;

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