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(영문) 서울서부지방법원 2018.12.26 2018고합52

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in this case, the charge of occupational breach of trust is acquitted. The defendant is not guilty.

Reasons

Punishment of the crime

From August 2004 to June 2016, the Defendant was working as the representative director of the Victim B Co., Ltd. (hereinafter “victim Co., Ltd.”) and took overall charge of the management and execution of funds of the Victim Co., Ltd.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement);

A. In the office of the victim company located in Gangnam-gu Seoul Metropolitan Government around October 2010, the Defendant: (a) received KRW 12,638,462 from the Defendant’s monthly wage of KRW 2,638,462 in excess of the Defendant’s monthly wage of KRW 12,638,462 on the account books; and (b) arbitrarily used KRW 10,000,000 in the difference as personal living expenses, etc. from that time until March 2016, as shown in attached Table 1-1-5 (1-1-5) from that time, the Defendant paid the amount exceeding the monthly wage of KRW 714,29,880 in the account books; and (c) obtained the difference from the Defendant’s monthly wage of KRW 2,638,462 in excess of the Defendant’s monthly wage of KRW 12,638,462 in the account books; and (d) obtained the difference from that time to March 2016.

B embezzled B.

B. From March 2006 to February 2016, the Defendant: (a) entered H in the office of the said victim company as an employee of the victim company; (b) paid KRW 3,721,658 for monthly salary; and (c) returned it for personal living expenses, etc.; and (d) paid the amount of money for monthly salary 478,94,03 won (176,538,438 won (136,961,527 won, 427, 398 won; (b) paid KRW 320,50,320,500 won to the victim company for monthly salary until February 2016; and (c) paid the amount of money for monthly salary 478,994,03 won (176,538,438 won); and (d) paid the amount of money for personal living expenses (20,630,628,286-16) to the victim company;

(b).