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(영문) 서울중앙지방법원 2018.01.18 2017고합357
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

The Defendant is the actual manager of the interest of the victim B Co., Ltd. (hereinafter “B”) and the victim C Co., Ltd. (hereinafter “C”); and D is the representative director in the name of the victim Co., Ltd. (hereinafter “victim”) in the name of each of the above companies.

The Defendant entered D as the representative director in the name of B around July 15, 201 while managing the funds of the victim company as the actual manager of the victim company as above, and registered D as the representative director in the name of C when establishing C around May 23, 2012, and created the total amount of funds from C’s account to D’s E bank account during the period from July 25, 201 to November 23, 2012 as the payment of representative director D’s benefits under the name of the victim company. From July 25, 2011 to November 23, 2012, the Defendant created the total amount of funds from D’s account during the period from December 24, 2012 to May 23, 2016, from July 201 to July 25, 2015 to June 25, 2015, to KRW 30,000,000,000.

The Defendant: (a) deposited KRW 10,896,60 from the above account to the Defendant’s travel expenses around January 15, 2015 while managing the victim’s extra capital from the account as above; and (b) embezzled KRW 173,669,00 out of the funds of the attached Table No. 1 to November 26, 2012 during the period from August 1, 2011 to November 26, 2012; and (c) embezzled KRW 276,278,78 of the total amount of the funds of C over 22 occasions during the period from December 26, 2012 to April 15, 2016, respectively.

Summary of Evidence

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