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(영문) 서울남부지방법원 2015.12.03 2015고합304

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for five years.

The Defendant paid KRW 1,467,745,048 to the applicant for compensation, embezzled money.

Reasons

Punishment of the crime

From April 22, 2008, the Defendant served as a management support team member of the victim corporation D with the sixth floor of the F building in Geumcheon-gu Seoul, Geumcheon-gu, and served as the management support team leader from January 1, 2013, and has been engaged in the management of the intra-company labor welfare fund of the above company.

1. From June 26, 2012, the Defendant deposited the victim’s intra-company labor welfare fund in the bank account (G) in the name of the National Bank (G), and withdrawn KRW 1,311,745,048, which was deposited in the above company’s office on June 21, 2013, while the Defendant’s mother deposited the victim’s intra-company labor welfare fund into the national bank account (I) in the name of H, and then arbitrarily used it for the Defendant’s personal purpose, such as share investment, debt repayment, entertainment expenses, and living expenses.

2. From around August 31, 2010, the Defendant transferred KRW 156,00,000 deposited in the above account from June 30, 2015 to the National Bank (K) account in the name of the National Bank (J) bank account in the name of the National Bank (J) company for the victim. On June 30, 2015, the Defendant transferred 156,000,000 deposited in the above account to the National Bank account in the name of the Defendant, and used it arbitrarily for personal purposes, such as gambling and escape funds.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness L;

1. Details of transactions of passbooks of a national bank, termination/ withdrawal application, application for deposit, identification number, certificate of delegation, certificate of personal seal impression, request for early cancellation, details of deposit and withdrawal, and application of Acts and subordinate statutes on personal financial transactions;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 of the Criminal Act and Article 355 (1) of the Criminal Act for the crime (generality)

1. Grounds for sentencing under Article 25 (1) 1 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Orders;

1. Imprisonment with prison labor for not less than three years but not more than thirty years;

2. The scope of recommendations based on the sentencing criteria (a decision of type) shall be the group of embezzlement and breach of trust.