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(영문) 서울서부지방법원 2013.11.29 2012고합383

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From December 21, 1998 to March 10, 201, the Defendant has been working as the representative director of the E-KAC in Dongjak-gu Seoul Metropolitan Government and has overall control over all business affairs including the above company's accounting.

The above company is a “family company” in which the Defendant’s head F, Mo G, Ha, Ha, Ha, Ha, and 5 hold 20% shares, respectively, and the Defendant used the above company’s accounting books to embezzled corporate funds and use them for personal purposes.

around January 30, 1999, the Defendant instructed the above Company, an employee in charge of accounting, to pay KRW 681,90,00, such as the Defendant’s personal income tax, etc., to the J, an employee in charge of accounting, for the above Company, by March 9, 201.

1. A total of KRW 19,636,968 won, such as the statement in the list of crimes, was voluntarily consumed for personal purposes and embezzled.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, K, F, L, M and N;

1. Detailed statement of passbook transactions, money exchange statement, statement of remittance, construction contract and deposit certificate, investigation report (Submission of embezzlement of KRW 1.7 billion paid out of suspect's salary, out of the amount paid out of suspect's salary), leakage details of company funds, usage of benefits and personal funds, investigation report ( receipt of statement and data on source of cash resources paid to a suspect), list of crimes, list of requested amount of deduction tax for president's salary, list of requested data, list of evidential data, detailed details of deposit data by item, deposit data by item, list of personal data irrelevant to legal entities, list of personal data deposited to P, list of crimes, list of personal data, list of crimes, etc., list of crimes, current status of passbook of E private teaching institutes, details of transactions, etc.;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the crime, Articles 356 and 355 (1) of the Criminal Act;

1. The argument of the defendant and his defense counsel regarding discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).