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(영문) 의정부지방법원 2015.03.26 2014고합265

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from January 2006, is an accounting employee of the victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) who is a transportation company located in Seoul Jung-gu Seoul, and was engaged in the business of collecting and keeping taxi commission of the victim Co., Ltd.

On October 30, 2008, the Defendant embezzled total of KRW 1,334,90,000 in the same manner as indicated in the annexed crime list, from that time to November 1, 2012, as shown in the annexed crime list, in which taxi officers received taxi commissions to be deposited in the victim company, and did not deposit KRW 1,280,000 in cash in the course of performing their duties on behalf of the victim company, but deducted them in the account book by manipulating as if deposited in the account book, and embezzled them into the Defendant’s bank account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on compiled, books, and details of financial transactions;

1. Determination on the assertion by the defendant and his/her defense counsel as to the relevant criminal facts under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355(1) of the Criminal Act

1. The summary of the assertion is that the amount of embezzlement of the taxi commission that the Defendant kept on behalf of the victim company is merely KRW 700 million.

In particular, on May 20, 201, the Defendant received KRW 205,00,000 from her husband and her husband on May 20, 201 and kept it in custody, and deposited it into the Defendant’s bank account several times from May 23, 201 to December 28, 2011, and at least the above KRW 205,00,000 among the annexed list of crimes should be excluded.

2. The following circumstances found based on each evidence duly adopted and investigated by this Court, i.e., the Defendant deducted part of the taxi commission collected from taxi drivers, and the total amount of the taxi commission, excluding this, is the director of the accounting division of the victim company.