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(영문) 서울중앙지방법원 2014.02.07 2013고합877
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

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

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as “M”) was established on May 5, 1962 for the purpose of civil engineering design, etc. and was listed in the securities market on August 12, 2010, and had its head office in Gangnam-gu Seoul N&A. Defendant A, who served as the representative director of M from around 2005 to March 2013, was in overall control of M’s overall affairs such as fund management, etc., and was working as honorary chairperson from March 2013.

Defendant

A, in around 2005, was appointed as the president of the victim M M and took overall charge of the operation of the company, and ordered the accounting department to use corporate funds voluntarily if it is necessary for the defendant A to use funds for personal purposes.

Accordingly, Defendant A was provided with KRW 30 million by the head of the accounting accounting accounting department around January 2010 and used voluntarily as personal miscellaneous expenses, etc. at the seat of M office around that time, as indicated in the attached list of crimes (1-1, 1-2, 1-3, and 1-4), as shown in the attached list of crimes, from January 2010 to March 2013, 2013, Defendant A separately used KRW 1.161 billion in total by the Defendant from January 2010 to March 2013, 200 billion in total, excluding KRW 980,900,000,000,000,000 paid every month from March 2013 to March 2013.

Thus, Defendant A embezzled the total amount of KRW 1160,000,000,000,000 of the corporate capital of the victim M who was in business management as above in collusion with theO.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witnessO, P, Q, R, S, and T;

1. Each protocol of examination of the suspect against Defendant A by the prosecution;

1. Details of disbursement;

1. Application of Acts and subordinate statutes, such as a report on investigation (a list of passbookss for non-financial funds to be submitted to the Center), investigation report (main benefit provisions), and provision of benefits;

1. Defendant A of the relevant criminal facts: Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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