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(영문) 서울중앙지방법원 2019.07.05 2019고합3
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On January 28, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of offering of bribe at the Seoul Central District Court, and the said judgment became final and conclusive on February 8, 2019. On February 13, 2019, the same court sentenced two years of suspension of execution to eight months of imprisonment with prison labor for the crime of offering of bribe, and the said judgment became final and conclusive on February 21, 2019.

【Criminal Facts】

The Defendant, as the representative director of the Co., Ltd. C (hereinafter “C”) located in Namyang-si, was in charge of overall management and enforcement of the funds of the said corporation.

1. Occupational embezzlement;

A. A. Around July 25, 2009, the Defendant is useful for the purchase price of the Defendant’s charnel facility in the C Office, and around July 25, 2009, deposited KRW C8,790,000 in the F Bank account in the name of the Foundation D (Account Number G) under the pretext of the intermediate payment for the sale price of the apartment charnel facility sold in the name of the Defendant from the Foundation Foundation D, and around August 25, 2009, deposited KRW 38,790,000 in the above F Bank account under the pretext of intermediate payment as above, and around September 25, 2009, deposited KRW 8,790,000 in the above F Bank account under the pretext of the remainder of the sale price.

The Defendant embezzled the sum of C Fund KRW 26,370,00 in occupational manner three times in the above manner.

B. Around October 5, 2011, the Defendant paying false benefits to H was deposited KRW 2,560,790 in C’s account under the name of the head of the International Bank (Account Number K), a subcontractor, at C Office, and deposited KRW 2,560,790 in the J bank account under the name of H on September 9, 2011. However, the fact was that H did not have worked in C, and the said J Bank account under the name of H was the name of the Defendant’s personal use. The Defendant, from around October 5, 2011 to September 11, 2015, embezzled KRW 181,53,840 in the aggregate of C’s capital in the name of a corporate bank under the name of H, as stated in attached Table 1, around August 25, 2014.

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