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(영문) 서울중앙지방법원 2016.02.05 2015고합1047
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

After establishing the Victim E Co., Ltd. in 2002, the Defendant mainly performed in F Co., Ltd. (hereinafter “F”) with subcontracting construction sites of various apartment buildings, landscaping construction sites of environment-related construction sites, and operated the Victim Co., Ltd.

The Defendant, who is the prime contractor, received a demand from the F executives and employees for back payment in the name of the business expenses, was willing to raise the extra fund for the purpose of raising the funds to be paid to the executives and employees of the prime contractor under the name of the business expenses, such as business expenses, life saving expenses, and money.

Accordingly, the victim company's accounting officer G, etc. paid the victim company's re-subcontracted business, etc. with the victim company's re-subcontracted business, etc., and then returned the increased amount.

On May 2007, the Defendant paid the amount of KRW 24,513,200 paid to I who supplies trees, etc. to the victim company in the office of the victim company located in Nam-gu Incheon Metropolitan City H, and raised the extra funds by re-collectioning the amount equivalent to the above amount.

From this point to June 2015, through I, J, K, L, etc., a total of KRW 885,00,000 for extra capital by the same method.

Around May 207, the Defendant paid KRW 150,000,000 to the Director at the apartment site site (F department) of Dongjak-gu Seoul Metropolitan Government (F department) at the apartment site site in order to ask for convenience in the increase of the construction amount, etc. while keeping the extra funds created as above on behalf of the victim company.

From this point to June 2015, the F Construction Business Headquarters made a solicitation to the effect that convenience such as ordering construction works and changing the construction amount, etc. over a total of 26 times, such as the list of crimes in the attached list of crimes, and embezzled using the funds of the victim company in the manner of paying a total of KRW 885,00,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. P (2) , N, Q (2) ,O (4), and R (2) . respectively.

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