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(영문) 서울중앙지방법원 2016.08.12 2016고합529

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The Defendant is a person who is working as a member of the Property Management Team of the Victim D Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") located in Gangnam-gu Seoul Metropolitan Government and was in charge of the operation and withdrawal of funds of the Victim Co.

The defendant worked as an agent for the accounting team of the victim company and has overall control over the management of funds and the withdrawal of deposits, etc.

E and F (hereinafter referred to as “F”)’s audit;

G, the corporation's asset management team acting on behalf of the

H and the victim company conspired to use the payment reserve funds of the Bank of Korea of Korea of the victim company at will by transferring the reserves to the bank account in the name of G or the F corporation account, and investing them in futures and options.

1. On September 4, 2003, the Defendant, under the name of the victim company, arbitrarily opened a bank account (number I) branch in Korea, and embezzled it by arbitrarily using it, such as transferring KRW 1 billion from the Bank of Korea’s reserve fund account in the name of the victim company to the said account opened by the Defendant from the 8th day of the same month, and again transferring the said KRW 1 billion to the Korea Exchange Bank’s account in the name of G, and investing KRW 1 billion in futures and options.

2. On November 5, 2003, the Defendant, under the name of the victim company, arbitrarily opened a bank account (name J) branch in the Japan Bank Sco Center in the name of the victim company. On November 10 of the same year, at the victim company office, E embezzled by transferring KRW 1 billion from the payment reserve account of the Bank of Korea in the name of the victim company to the above account opened by the Defendant in order to invest the payment reserve funds of the Bank of Korea in futures and options at will.

3. On December 2, 2003, at the victim company office, E transfers the amount of KRW 800 million from the Bank of Korea payment reserve account in the name of the victim company to the said bank account opened by the defendant, followed by the transfer of the said amount of KRW 800 million to the bank account in the name of G: