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(영문) 대구지방법원 포항지원 2017.11.09 2016고합108 (1)
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On February 1, 1996, the Victim C Co., Ltd. (hereinafter referred to as “C”) was a corporation established for the purpose of the lecture manufacturing, etc. in Nam-gu, Nam-gu, Nam-gu. On October 23, 2015, the rehabilitation procedure commenced on October 28, 2016, and the rehabilitation procedure was abolished on June 28, 2016.

From October 22, 2015 to October 22, 2015, the Defendant is the representative director; from October 23, 2015 to June 27, 2016, the rehabilitation procedure manager; from June 28, 2016 to June 28, 2016, the Defendant is a person who was the representative director; has overall control over the operation of the victim C; and the victim C’s business, personnel affairs, labor, cash receipt and disbursement and accounting, finance, tax affairs, etc.; while the written indictment is written as the J Co., Ltd. (hereinafter “B”); however, according to the records of this case, it is obvious that this is a clerical error in the F Co., Ltd.; thus, the Defendant is corrected to the F Co., Ltd ex officio.

G Co., Ltd. and H Co., Ltd. (hereinafter “H”) are substantially persons who manage and administer them.

" 2016 Gohap 108"

1. On September 1, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) received KRW 1 billion in total from the victim C, a corporation I (hereinafter “I”), which purchased non-ferrous metals, such as by-products, etc. generated in the course of processing the product, from the victim C’s office, for the collection of sales bonds by-products in the existing year from the victim C (hereinafter “I”), and paid KRW 266,651,108 in advance for the collection of sales bonds by-products, and KRW 733,348,892 in advance for the sales proceeds by-products that will occur in the future. On September 2, 2011, the Defendant received KRW 50 million in advance from the victim C, with the intent to use the said money as a rental deposit for the Defendant’s individual’s house, and was kept in the victim C’s corporate bank account (K).

50 million won has been transferred to the company bank account (L) under the name of the defendant, and on the same day, the apartment of "M" has been transferred to N Co., Ltd., the execution company of Yongsan-gu apartment of Yongsan-gu Seoul Metropolitan Government.

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