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(영문) 인천지방법원 2017.12.15 2017고합597

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for nine years.

Reasons

Punishment of the crime

The Defendant, as the head of the management department of the Victim D Co., Ltd., Ltd., a manufacturing and selling chain, such as Washington, etc. in Nam-gu Incheon Metropolitan City, was in charge of the management of funds, such as bank deposits, customer deposits, and settlement of accounts.

person is a person.

The Defendant prepared an expenditure slips as if he paid the price to the business partner or the Gwangju Factory of the victim to take overall charge of the overall management of the business of fund management, and tried to embezzled corporate funds by transferring money from the account in the name of the victim company to the account in the name of the Defendant or withdrawing checks or cash under the name of the business partner to the account of the Defendant by depositing them into the Defendant account.

On April 11, 2011, the Defendant used a written request for withdrawal prepared and held by the Korea Bank South-dong, 637, South-dong, Incheon, Korea Financial Center of the Korea Bank, and caused the Defendant to pay 18,859,940 won to the Defendant’s bank account (Account Number E) in the name of the victim company in which the Defendant was actually in custody, from the bank account in the name of the Defendant, and then used it for the cost of living or remitted it to G around that time.

In addition, from that time until June 27, 2016, the Defendant embezzled KRW 2,98,155,345 in total over 231 times, such as the list of offenses in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (report on the result of execution of a warrant of search and seizure);

1. Each deposit transaction certificate, reply (the details of deposits and withdrawal transactions), certificates of deposit transaction records, slips of deposit transactions, certificates of pre-printed vending machines transaction records, each customer's personal information, each certificate of deposit transaction records, each mass account status, inquiry about deposit transaction records, detailed statement of deposit transaction, slips, customer's personal information, inquiry about deposit and withdrawal transactions, details of check payment before and after the check, reply, inquiry about personal information, financial property transaction records, information on account conversion, and details of deposit transactions;

1. A review report on accounting data (Evidence 1).