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(영문) 서울중앙지방법원 2018.11.30 2018고합843
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A and B Imprisonment for two years, Defendant C’s imprisonment for one year and six months, and Defendant D for a fine of KRW 3,00,000.

Reasons

Punishment of the crime

The victim E Co., Ltd. (hereinafter referred to as the “victim E”) is an enterprise that performs the “G services” ordered by F. Defendant A as the representative director of the victim company, who is in charge of the management and fund management of the company. Defendant B is a person who manages the accounts, etc. of the victim company as the head of the managing headquarters of the victim company. Defendant C is the head of the managing headquarters of the victim company, who is in charge of the field management, etc. of the company.

Defendant

D is a person who actually operates H Co., Ltd. established for the purpose of manufacturing parts of rolling stock (hereinafter referred to as “H”).

[Criminal Facts]

1. Defendant A, B, and C’s joint crime - Defendant A, B, and C’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) listed the Defendants’ wife, etc. as if they were the employees of the victim company by using the aforementioned operation of the victim company as seen above. The Defendants were willing to falsely register four persons, such as the Defendant’s wife, etc., as if they were the employees of the victim company, to deposit money in the account in the name of the victim company and use it for personal purposes, such as living expenses, etc., Defendant A, Defendant A et al., Defendant A’s wife, and Defendant C et al., Defendant C et al., his wife, and Defendant C et al., as if they were the employees of the victim company.

While the Defendants, as seen above, kept the company’s funds as the representative director of the victim company, etc., they were falsely listed as Defendant A’s wife on May 201, and deposited KRW 102,377,080 in the name of the victim company from around that time to January 14, 2016 into the account in the name of the victim company as wages, and then withdrawn the funds from around that time, and consumed the funds for personal purposes, such as Defendant A’s living expenses, in mind from May 15, 2012 to January 14, 2016.

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