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(영문) 대구지방법원 포항지원 2014.08.25 2014고합31
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The Defendant, from March 20, 2003, is the representative director of C Group D Co., Ltd. (hereinafter “victim”) who is an affiliate company of C Group from March 20, 2003, and is in charge of the operation and management of the company.

Meanwhile, the president of the C Group General Planning Office from March 2003 to May 2013, 201, who was a director of the victim company and was in charge of exercising overall control over the decision-making of affiliates of C Group including the victim company. The F is a person who worked as a director of G Bank from November 1, 1984 to September 201, and was engaged in the business of C Group’s financial management, etc.

On June 201, 201, the Defendant: (a) transferred the victim company, which was in fact a company of H (from May 2008 to February 2012, 201, engaged in managing and managing affiliates as subsidiaries) from H to KRW 1.3 billion; (b) however, the acquisition fund was willing to provide the victim company’s property as collateral and to appropriate funds from the bank.

2. Criminal facts;

A. On June 30, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) around June 17, 2011, provided 8,985 square meters and buildings and 3,130.69 square meters of land in South-gu, Chungcheongnam-gu, the victim company at the port north-dong 1263 located in Gyeyang-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yangpo-si, the Defendant borrowed 2 billion won from the said bank as the loan account in the name of the victim company to the loan account in the name of the bank in the name of the victim company.

On June 29, 2011, the Defendant deposited a total of KRW 860 million out of the above loans in two copies of the check amounting to KRW 300 million and one check amounting to KRW 260 million in the face amount. On June 29, 201, two copies of the check amount to KRW 300 million are deposited in the account in the name of the victim company. On June 30, 2010, one check amounting to KRW 260 million in the face amount was deposited in the account in the name of the victim company established in the G bank.

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