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(영문) 대전지방법원 2014.08.22 2014고합115

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who actually operates “D” to conduct practical affairs, such as arranging related documents, in the course of supplying milk to a military unit, such as the Army Education Headquarters.

At the end of August 2009, the Defendant heard from the staff in charge of military payments at the Army Education Headquarters that there was an unpaid amount out of the amount to be paid to the association of this case in the military unit. At that time, the Defendant was in the situation where the financial resources of the company represented by the Defendant was not good and the Defendant did not have the ability to pay personal credit card bills to the association of this case. Accordingly, the Defendant received the deposit money from the national bank account (Account Number: E) in the name of the instant association that the Defendant was in charge of the transfer from the military unit to the association of this case and received it for personal use.

On September 3, 2009, the Defendant received money from the person in charge of military payment of the Army Education Headquarters from the Defendant to the national bank account under the name of the instant association that manages KRW 27,959,235 as well as embezzled by using the Defendant’s credit card payment and other personal resources.

In addition, the Defendant embezzled total of KRW 1,583,623,555 in 15 times from September 3, 2009 to February 15, 2013, as described in the separate crime list, as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. A list of transactions of each ordinary deposit;

1. Application of investigative reports (report on confirmation of amounts of criminal damage) Acts and subordinate statutes;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences: Imprisonment with labor for a year and six months from February to February 15.