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(영문) 전주지방법원 군산지원 2019.05.23 2018고합133
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A as the owner of a victim corporation D (hereinafter referred to as "D") in the following cities: (a) has succeeded to the management right around 1991 and has been working as the representative director from October 201 to October 2017; and (b) Defendant B is the wife of Defendant A.

1. On February 2015, Defendants were falsely listed as Defendant B’s employees and were willing to withdraw company funds for payment purposes. Defendant B did not attend the above company or have been in charge of the above company’s business affairs. Defendant B prepared documents necessary for the registration of employees, such as curriculum and health examination confirmation certificate, and Defendant B registered Defendant B as the business director of the above company. Defendant A used the above company’s funds 2,358,385 won, which were kept for D around March 25, 2015, transferred to the account in the name of Defendant B for payment of personal card payment, and used them as payment expenses for personal card payment, etc. from around 28 times to June 29, 2017.

Accordingly, the Defendants conspired and embezzled the sum of D 84,832,890 won.

2. Defendant A

A. A. Around May 31, 2012, the Defendant, at the victim D office, took up KRW 53,000,000 out of the fire insurance termination refund that D returned from G Co., Ltd. and kept in custody as a check from H, an employee, and used it as operating funds of I separately operated by the Defendant.

B. Around September 2, 2013, the Defendant’s embezzlement due to the payment of the cost of the individual car maintenance on behalf of the Defendant is the Defendant’s personal account, and KRW 400,000 of the said company’s funds kept in custody for D at the victim’s D office.

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