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(영문) 서울중앙지방법원 2016.06.03 2015고합949

특정경제범죄가중처벌등에관한법률위반(횡령)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 19, 2010, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was 30% shareholder of the victim FF Co., Ltd. (hereinafter “F”) and was in charge of accounting and fund management of the victim company from the time of establishment of the victim company until December 2013.

A victim company entered into a contract with G Co., Ltd. (hereinafter referred to as “G”) on December 11, 201 and received a total of KRW 815,920,000 from G on three occasions from December 12, 201 to January 20, 2012 as the price for transfer of assets, and received KRW 815,920,00 from G to the corporate account of the victimized subsidiary.

On April 20, 2012, while the Defendant kept the said money for a victim company in the course of business, he/she arbitrarily remitted KRW 600 million to the account under the name of H Co., Ltd. (hereinafter “H”), which he/she runs, and voluntarily voluntarily withdraws KRW 25,154,634 on May 15, 2012, and consumed the said money for each of the personal purposes around that time.

Accordingly, the Defendant embezzled 625,154,634 won in total of the money of the victim company on duty.

2. The victim I was entitled to receive benefits from the said company as the executive director after being employed in G after the contract, as well as the acquisition of the assets listed in paragraph 1.

According to the defendant's proposal, the victim received some of the benefits from the above company from the victim's account under the name of J, and entrusted the defendant with the custody of the money.

While the Defendant kept money from a victim’s account in the J’s name for the victim, the Defendant voluntarily withdrawn KRW 5,00,000 on June 21, 2012; KRW 2,969,643 on the same day; and KRW 7,00,000 on October 26, 2012; and used the said money for personal purposes around that time.

Accordingly, the Defendant embezzled the sum of 14,969,643 won of the victim’s money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. The text message between the Defendant and the Victim I (Evidence No. 5), the actual bank transaction details of the victim company (Evidence No. 6), and the statement on changes in stocks (Evidence No. 5).