피고인은 2004. 9. 1.부터 2009. 4. 30.까지 부산 강서구 ☆동 ○○에 있는 스테인리스 제조를 목적으로 설립된 피해자 '주식회사 ★'의 관리부 경리계장으로 근무하면서, 피해자 회사의 자금 관리 및 입출금 업무를 담당한 사람이다.

From around 2004, the Defendant management of the victim’s deposit passbook and made it possible to withdraw and remit the company’s funds at his own discretion. The Defendant, in fact, transferred the company funds to a personal account managed by the Defendant as a customer or a partner of the victim’s company, and then remitted part of the funds to the customer or partner of the victim’s company. The rest was embezzled by using personal purposes, such as the purchase price of the name of the Defendant, loan fee, etc.

그에 따라, 피고인은 2007.7.2.경 부산 강서구 *동에 있는 ●은행 ◎지점에서 그 전 피해자 회사의 거래처인 에 물품대금으로 385,369,428원을 지급할 것처럼 지출결의서와 은행 출금전표를 각 작성하여 부장, 상무이사, 대표이사의 결재를 받은 다음 피고인이 피해자 회사를 위하여 업무상 보관 중이던 피해자 회사 명의의 ●은행 예금계좌에서 위 돈을 출금한 후 거래처인 에 물품대금으로 3억 5,000만 원을 송금하고 나머지 돈 35,369,428원을 피고인의 남편 이C 명의의 ◆은행 예금계좌로 송금한 후, 그 무렵 피고인의 백화점카드 결제 대금으로 1,849,787원을 사용하는 등 피고인의 개인적인 용도에 임의로 소비하였다.

In addition, the Defendant, from September 15, 2004 to October 10, 208, transferred the total amount of KRW 8,349,260,285 to the deposit account in the name of the Defendant and thisC for about 99 times during a total period from September 15, 2004 to October 10, 208, and then embezzled KRW 3,345,115,845 by arbitrarily consuming the total amount of KRW 3,345,115,845 to the customer or expenditure office of the victim company, as a transaction deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer and each prosecutor's protocol of examination of theseC;

1. Each police officer's statement concerning Park C2;

1. A written statement of theseC and Park C2;

1. Investigation report by the prosecution (a list of reports on value-added tax by the image center);

1. Police investigation report (Submission, such as a video investigation CD, a written statement, and a statement of embezzlement, a statement of embezzlement, etc., a statement of embezzlement by a complainant, and a statement of embezzlement by a defendant 2.6 billion won, submission of a statement of embezzlement by a defendant, and confirmation of identity of the document of passbook transaction);

1. 범죄사실 내역서, 횡령금 내역서, 이C 및 피고인의 □은행, ◆은행, ■은행, △은행, ▲은행 각 거래내역서, 각 횡령명세서, 해지계좌조회

1. Data related to embezzlement, such as the claim and receipt of electricity charges, the electronic computer table of the original accounts related to electricity charges, the table of the revised accounts prior to the accounts related to electricity charges, the daily report, etc. on October 17, 2008, the daily report, etc. on March 23, 2007, the disbursement resolution, the daily report on funds, and copies of the statement on money deposited by banks;

1. Each complaint;

Application of Statutes

1. Article applicable to criminal facts;

In general, Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355 (1) of the Criminal Act (However, the maximum of statutory penalty shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; enacted on Oct. 16, 2010): 3 years to 15 years

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Type 3 (not less than KRW 500,00 but less than KRW 5 billion) of the Embezzlement and Breach of Trust Act

[Special Aggravations] (Aggravated Punishments) (Aggravated Punishments) In the event that serious damage is caused to the victim, the method of the commission of crime is very poor (Aggravated Punishments).

[Decision of the Recommendation Area] Aggravation [Limits of Punishment] Three years of imprisonment - Six years of imprisonment

[General Convicts] (Aggravated Elementss) (Aggravated Punishments)

(D) No person who has no record of criminal punishment (affirmative)

3. Determination of sentence (six years of imprisonment): The crime of this case is committed by the defendant as the principal of the victim's company's accounting division and has been in charge of the management of the funds and the withdrawal of the money for a long period of four years, taking into account the following factors: (a) the amount of money which the defendant served as the principal of the victim's company and has come to 3.3 billion won as a total systematically, and (b) has been embezzled by a discriminatory consumption in the personal act, such as purchase of stolen items or external agents, and the nature of the crime is very heavy in light of the method, means, and amount of damage, etc. of the crime; (c) has not made any effort to recover damage until now; (d) there seems to be no possibility to recover damage; and (e) the damage suffered by the victim company due to the crime of this case is very serious, the defendant should be punished strictly; (d) the criminal of this case is led to the confession of the crime of this case, taking into account the circumstances, age, character and behavior of the defendant, environment, family relationship after the crime, etc.

Judges Senior Byung-in

Judges Kim Gin-ju