특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for five years.
Punishment of the crime
The Defendant is a person who, from June 26, 2006 to May 22, 2014, worked in the victim D and E, a child of the victim, as a joint representative, in the “stock company F” operated by the victim’s joint representative, and was engaged in the execution of funds, such as deposit and withdrawal of accounts in the victim’s name.
1. The Defendant was aware of the fact that the victim did not properly confirm the details of various accounts in the name of the victim, and was able to arbitrarily input the indication of the account transferor when the account transfer was made through Internet banking, setting up the account transfer in the name of the victim as if the account transfer was made to another account in the name of the victim. In fact, the Defendant was willing to arbitrarily use the account in his national bank and foreign exchange bank account by reducing the funds from his own national bank and foreign exchange bank account.
On September 18, 2008, the Defendant managed the passbook, seal impression, and cash card in the name of the victim at the office of the victim in Seo-gu, Busan Metropolitan City located in G on September 18, 2008, and stored in the business for the victim the funds deposited in the above Suhyup account, the Defendant used the Internet banking to transfer the amount of KRW 1,00,000,000 from the above Suhyup account to the national bank account (Account Number I) in the name of the Defendant and used it as the credit card payment of the Defendant around that time. From September 18, 2008 to May 7, 2014, the Defendant embezzled KRW 1,357,314,949 in total over 118 times in total, as shown in the attached crime list, from September 18, 2008 to May 7, 2014.
2. From July 2006 to May 201, 2006, the Defendant received food expenses of KRW 90,000 paid by F to the victim in the above victim’s office from E and kept in custody for the victim for business purposes. At around that time, the Defendant used the food expenses of KRW 90,000 each month from E from July 2006 to May 2014.