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(영문) 수원지방법원 2017.03.16 2017고합23

특정경제범죄가중처벌등에관한법률위반(횡령)

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Defendant shall be punished by imprisonment for a term of three years and three months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From March 2007 to November 5, 2016, the Defendant served as an accounting employee of the victim D Co., Ltd. and was in charge of fund management and accounting.

On January 27, 2012, the Defendant: (a) voluntarily remitted KRW 18,305,80 of the funds of the victim company in the account in the name of the victim company to the bank account in the name of the victim company using Internet banking; (b) from around that time to October 31, 2016, the Defendant embezzled KRW 1,579,281,780, total amount of the funds of the victim company for 144 times in total, as indicated in the list of crimes in the separate sheet of crimes, and embezzled it for personal purposes, such as paying credit card payments, after voluntarily remitting KRW 18,30,80 to the above F account in the name of the victim company and the account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement of the police statement related to G;

1. Details of each account transaction in the name of D Co., Ltd., F and Defendant;

1. Application of Acts and subordinate statutes to each copy of deposits with no passbook, and each copy of each deposit slip;

1. The following circumstances can be acknowledged by the argument and record of the reasons for sentencing of Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 of the Criminal Act, Article 355 (1) of the Criminal Act, and Article 355 (1) of the Criminal Act regarding the crime: ① the defendant has no record of criminal punishment; ② the defendant's Ha's Ha and the defendant's spouse set up the defendant's Ha's Ha with no record of criminal punishment; ② the defendant's Ha's Ha with the defendant's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha' Ha'.