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(영문) 인천지방법원 2015.05.21 2015고합69

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From November 8, 1998 to November 30, 2014, the Defendant worked as an employee in charge of accounting affairs of the victim "D Co., Ltd." located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and engaged in the organization of accounting books, the entry of funds, and the collection of funds.

From November 8, 1998, the defendant kept the passbook of the victimized company, the certificate of common use for banking, the certificate of public use for banking, the OTP card, etc. at the above location, and had the damaged company keep the funds of the victimized company in the course of business, such as the amount of goods deposited at the sales office of the victimized company, etc., from the end of February 2005 to the end of the above location, the defendant got cash from the passbook of the victimized company and used the defendant's personal debt repayment at the above location. At the end of each month, the defendant attempted to embezzled the amount owned by the victimized company by receiving a loan again in the name of the defendant and depositing the amount equivalent to the difference between the account book and balance of the victimized company to the passbook of the victimized company

In addition, the Defendant had been willing to embezzled the money owned by the victimized Company by entering the amount already collected in the account book as if the collection of bills held by the victimized Company was not yet recovered from the end of 2011, and not withdrawing or depositing the amount already collected from the passbook of the victimized Company.

From January 1, 2013 to November 30, 2014, the Defendant withdrawn the sum of KRW 560,061,904 as indicated in the list of crimes using the above method while keeping the money owned by the victimized company for business purposes from around November 1, 2013 to around November 30, 2014, and embezzled the money for personal purposes of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to damage specifications;

1. 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 for the crime concerned;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.