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(영문) 광주지방법원 순천지원 2015.10.08 2014고합254
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendants shall be punished by imprisonment for two years.

However, with respect to Defendant A, it shall be for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On December 21, 2006, Defendant B violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a person who actually controls and manages Victim G Co., Ltd. (hereinafter “G”) established by the Fund for the purpose of manufacturing ready-mixed, etc. on December 21, 2006, and Defendant A is a child of Defendant B, who was enrolled in G around October 2012 and was employed as an agent in the test room and the management division until the lower police officer March 2013.

From March 15, 2013 to July 3, 2014, G served as the representative director.

Defendant

B around January 2013, the Korea Technology Finance Corporation issued a guarantee and received a loan in the name of G, and had Defendant A arbitrarily use the loan in the name of G, and ordered Defendant A to conduct the business to issue a guarantee of the Korea Technology Finance Corporation, and ordered Defendant A, the representative director of G, to provide all support to Defendant A in the process of receiving a guarantee of loan.

Defendant

On January 5, 2013, A applied for a guarantee of KRW 1,800,000 for loans to be used as funds for purchase and operation of raw materials at G at the Haman's Net Technology Evaluation Center on the first quarter of January 2013, 2013, and the Korea Technology Finance Corporation's Net Technology Evaluation Center issued a loan guarantee of KRW 680,000,000 on February 5, 2013.

Defendant

A submitted the said guarantee to the Bank of Korea on February 5, 2013, and received KRW 800,000,000 from the Industrial Bank of Korea to a bank account in the name of G, and Defendant B, who actually controls and manages G, had the said loan kept in the custody of business for G.

Defendant

B on February 6, 2013, G has aggravated the financial situation of G and forced H to unilaterally transfer the loan to himself/herself, claiming that the loan should be used as the company operation fund which is its original purpose, due to the aggravation of the financial situation of G, and the so-called so-called “h” to instruct I, who is an accounting employee refusing to transfer, to keep the passbook and the seal of G, to Defendant A.

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