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(영문) 부산지방법원 동부지원 2019.10.29 2019고합97
특정경제범죄가중처벌등에관한법률위반(횡령)
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Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On November 3, 2009, the Defendant established a victim C Co., Ltd. (hereinafter referred to as “victim”) for the purpose of housing construction and real estate service, service, and management business to implement “B business” and was in charge of overall management affairs, such as financial management, and fund execution, by December 31, 2013.

On August 5, 2010, the Defendant: (a) transferred loans from G Bank and H Bank (hereinafter “G Bank”) to an account under the name of the victim company for construction costs and operating funds for the said “B” at the office of the victim company located in Busan Shipping Daegu F or 5th floor; (b) managed provisional payments without lawful procedures such as a resolution of the board of directors, etc. on the part of the victim company; (c) arbitrarily transferred KRW 26,000,000, which is the victim company’s possession, to the J Bank account in the name of the Defendant, and embezzled from that time to March 22, 2013, as shown in the attached list of crimes, and embezzled by voluntary consumption of KRW 4,732,298,918, which was while on duty for the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Statement of the police concerning L;

1. Each police investigation report (the No. 19,22 of the evidence list);

1. Application of the provisions of the Acts and subordinate statutes to request an investigation, the fund flow chart related to the establishment of the company concerned, the fund flow chart related to voluntary consumption of the business site, the funds flow chart related to the refund of value-added tax, the financial investigation report of the insolvent debt company, the answers and documents attached thereto, the application for approval for credit, and

1. Article 3(1) of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016) for criminal facts.

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