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(영문) 수원지방법원 성남지원 2017.11.23 2017고합220

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On July 200, the injured party C established a local subsidiary that runs the business of selling air clean machinery called PTK UNCITRDING (E; hereinafter “E”) in Indonesia D, and lending of gold bullion to local business entities.

The Defendant is a local person responsible for the management of E from July 200 to June 2007, who was engaged in the business of fund execution, etc. The Defendant is a person who was engaged in the business of assisting the Defendant as an employee of E from April 2001 to June 2007.

As the Defendant was unable to collect short-term loans due to the bankruptcy, closure, etc. of loan debtors from the mid-2005, from the end of the end of the 2005, the Defendant stated false accounting books and reported them to the victim. The Defendant conspired with F to arbitrarily use some of the money while gambling with the company funds.

The Defendant, in collusion with F, voluntarily sold two different vehicles of USD 6,00 at E’s market price from the end of June 2005 to June 2007, the Defendant either voluntarily sold two different vehicles of USD 6,000 at E office for gambling and escape, without cancelling 12 account in the name of E in which E funds from each of 500,000 to the end of June 2007, and without extending the maturity at the time of maturity. The Defendant voluntarily sold two different vehicles of USD 6,000 at E office’s market price from the end of June 2007 to the end of gambling and escape.

Accordingly, the Defendant, in collusion with F, embezzled the sum of USD 714,285.71 ($ 659,214,281) and USD 6,000 ($ 5,537,400) owned by the victim and USD 664,751,681.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional materials by a complainant);

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