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(영문) 대구지방법원김천지원 2020.11.17 2020고합41
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant

A is a victim B (representative director: C, location D, and hereinafter referred to as "victim B") director of the victim B, and a person who has been engaged in the affairs of real estate transaction, funding expenditure and storage while keeping the corporation card, passbook, etc. of the said company.

The damaged company is a corporation established for the purchase, installment sale, etc. of the F member apartment site in the Gu and Si E.

1. From June 12, 2016 to September 12, 2018, the Defendant arbitrarily used 25,876,410 won in cash, which is owned by a victimized company in the course of business, as indicated in the list of crimes (1), via three copies of the corporate check (credit card number: card number: I, J, and K) connected to the G Union account in the name of the victimized company (H) in the Gu-U.S., from June 12 to September 12, 2018.

2. Around December 22, 2016, the Defendant used KRW 1,196,593,360, total amount of cash, which is an owner of a victimized company, in total 26 times as indicated in the separate crime list (2), from around that time to October 18, 2018, by transferring 8,500,000 from the G Union account (Account Number L) in the name of the victimized company from the G Union account to the spouse M’s account, to be personally used. In addition, the Defendant used KRW 1,196,593,360, in total, as indicated in the separate crime list (2).

3. Around August 9, 2016, the Defendant, using the G Union account (Account Number: H), transferred KRW 120,000 from the G Union account (Account Number) in the name of the victimized company to the account of M M that is his/her spouse, and embezzled KRW 13,20,000 among them for the purpose of a legal entity by transferring KRW 357,520,000 over 15 times until March 16, 2018, as shown in the List of Crimes (3), as shown in the attached Table of Crimes (C), to the M that is his/her spouse, and embezzled KRW 344,320,000 among them for the purpose of a legal entity’s business, and using KRW 344,320,000 for personal loan repayment and living expenses.

As a result, the defendant is a total of KRW 1,566,789,770, which is the property owned by the victimized company.

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