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(영문) 창원지방법원 통영지원 2015.08.13 2015고합12
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 28, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act at Seoul High Court on the grounds that he/she violated the Labor Standards Act, and the said judgment became final and conclusive on June 26, 2014.

[Basic Facts] A victim D Co., Ltd. (hereinafter “victim”) is a shipbuilding company established in Tong Young-si around February 28, 2004 for the purpose of shipbuilding, vessel repair and repair business, land/marine steel structure and offshore plant manufacturing and installation business, manufacture, sale, installation and repair business of shipbuilding machinery and equipment, etc. The Defendant is a major shareholder of the victimized Company, holding 48.1% of the shares of D as of December 201 (K20.9% as of February 28, 2004 to July 12, 2006, from March 31, 2009 to March 30, 201, and the Defendant was a major shareholder of the victimized Company, holding 48.1% of the shares of D as of December 2, 201 (K20.9% as of February 28, 2004 to July 12, 2006 to the representative director of the victimized Company as a general shareholder.

【Criminal Facts】

Around August 5, 2005, the Defendant used the insurance premium of the Hyundai Marine Fire Insurance (Class 6), which was subscribed in the name of the Defendant on August 10, 2005, for the payment of KRW 5 million for the insurance premium of the Hyundai Marine Fire Insurance (Class 6), which was subscribed in the name of the Defendant on August 10, 2005, and consumed the total of KRW 4,707,461,380 of the funds of the damaged company for 13 times in total from August 7, 2009 as shown in the attached list of crimes committed in the attached list of crimes, while having a non-employee transfer of KRW 11,00,00 from the Korean bank account (G) in the name of the Defendant in the name of the victimized company to the bank account (G) in the name of the Defendant.

Accordingly, the Defendant embezzled the property of the victimized company for business purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Partial statement of a witness I;

1. The first and second prosecutor's protocol of examination of the accused (including H substitute part);

1. Each prosecution against J, I, and H.

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