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(영문) 서울중앙지방법원 2017.01.26 2015고합890
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A was a representative director of Company H (hereinafter “H”) as of January 24, 2013 to March 18, 2014, who committed a joint crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). Defendant B was a person who was a financial director from around April 2012 to around March 18, 2014, and was in charge of G’s representative director from around March 18, 2014, and the victim I acquired G and transferred the representative director to Defendant A while transferring the representative director to January 24, 2013, and was appropriated for the operation fund of G with his tuition fees, etc. while referring only to his lectures.

On March 2013, the Defendants: (a) received from the injured party a claim for the cancellation of insurance with respect to two of the fexexexpex pension insurance policies, which are without dividends, the injured party I subscribed to the Dong Life Insurance Co., Ltd. (hereinafter “Dong Life Insurance Co., Ltd.”); and (b) subsequently, the above insurance cancellation refund was terminated by the injured party’s personal purchase; and (c) accordingly, (d) intended to use G’s operating fund and Defendant A’s personal funds.

around March 12, 2013, the Defendants received KRW 518,141,612 from the Eastern Life Bank account (J) of the victim’s national bank account (J) and kept the victim for the payment of KRW 518,141,612 on two above pension insurance policies. On March 13, 2013, the Defendants transferred KRW 52,00,000 to the Defendant’s national bank account (K) at the point of Yongsan-gu Seoul National Bank to the Defendant’s name, and deposited KRW 230,000,000 out of the same day to the said national bank account of the victim via G’s national bank account. From March 27, 2013, the Defendants transferred KRW 200,000 to the said national bank account under the name of the victim, the company’s fund management account, KRW 300,000,000,000 from among the remainder of the capital of the above KRW 2,500,300,000.

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