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(영문) 서울남부지방법원 2015.10.23 2014고합598
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal was a person operating H Co., Ltd. (hereinafter “H”) from February 20, 209 to January 201, 2010; Defendant B served as the representative director of the said company from February 20, 2009 to December 31, 2012; and the Defendants have overall control over the said company’s business from February 20, 2009 to January 201, and have been engaged in the management of funds.

H is a corporation established for the purpose of manufacturing and selling computers and related parts in Guro-gu Seoul Metropolitan Government. A.

around June 8, 2009, the Defendants embezzled the use of the provisional payment account on the ground that there is a lack of living cost to be sent by Defendant A to his family members in the U.S. at the above H office, and Defendant B accounted for the above company’s operating fund of KRW 20 million, which Defendant B had been on duty, as the provisional payment, and paid the said money to Defendant A, and Defendant A used the said money for personal purposes, such as living cost.

The Defendants, including this, from around that time to September 15, 2009, withdrawn the company’s operating fund of KRW 70 million with the provisional payment three times in total, as shown in [Attachment Table 1] to 3 [Attachment Table 1] from around that time to September 15, 2009, and paid to Defendant A. The Defendants processed the provisional payment in cash holding by the above company.

B. On August 11, 2009, the Defendants, at the above H office, withdrawn 2 million won of the company’s operating fund, Defendant B, who was in the custody of the business, in cash, without evidentiary documents as shown in attached Table 1 (3). Defendant A spent the above money for personal purposes at that time, and then prepared and kept a false draft statement as if the above company’s operating expense was spent.

As such, the Defendants conspired in collusion with the victim H in total KRW 72 million.

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