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(영문) 서울중앙지방법원 2010.08.20 2010고합482
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) served as the managing director of C from March 6, 200 to January 22, 2007, and was in charge of the management of the victim D as the managing director of the said company.

From April 24, 2002 to January 2, 2007, the Defendant opened a deposit account of 3,782,578,145 won of the victim after depositing 3,782,578,145 won in the name of the Defendant and the Defendant’s female E, F, the Defendant’s male and female G, and the Defendant’s male and female G, and the Defendant’s Schedule H, respectively.

On March 26, 2007, the Defendant transferred 648,301,708 won from the deposit account (Account Number: I) of Korean Investment Securities (Account Number) in the name of the Defendant, a trust account of the victim, to the deposit account (Account Number) in the name of the Defendant, and withdrawn only 520,296,200 won out of the above money, and paid it as the intermediate payment of the K building that the victim purchased under the name of the Defendant, etc., and embezzled by arbitrarily using the remaining 128,05,508 won.

On August 20, 2007, the Defendant, a trust account held in the name of the victim, embezzled KRW 2,20,718,749 by declaring that the amount deposited in the said deposit account is the property donated by the victim and refusing to return KRW 2,220,718,749, even though the Defendant received a lawsuit to the effect that the claim against KRW 2,220,718,749, which was deposited in the Korean Investment Securities Deposit Account in the name of the victim, was transferred for the reason of title trust.

around April 11, 2007, the Defendant: USD 9,558 from a new bank foreign exchange account in the name of the Defendant, a trusted account in the name of the victim; USD 9,564 from the above deposit account on the 12th of the same month; USD 9,604 from the above deposit account on the 13th of the same month; USD 9,575 from the above deposit account on the 16th of the same month; USD 9,575 from the above deposit account on the 17th of the same month; and USD 7.

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