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(영문) 수원지방법원 2019.09.19 2019고합75

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

B is not guilty.

Reasons

The written indictment (including a list of crimes) was partially amended to the extent that it does not substantially infringe on Defendant A’s exercise of defense rights by reflecting the judgment of “not guilty portion” under the criminal facts (defendant A) and the detailed statement of deposit and withdrawal account transactions.

Defendant

A (C) A (formerly referred to as “C”) first becomes aware of Defendant B, a bound Defendant B, who had been operating the said house with the trade name “D” around 2010, and has formed a close psychological dependence relationship with Defendant B from around 2012 to around 2013 with counseling various concerns at any time.

Defendant

A, around May 2014, entered the victim E Co., Ltd. (hereinafter “victim”) in charge of accounting and fund management of the victim company from the second half of 2014. From March 2015 to September 2016, A maintained a de facto marriage relationship between March 2015 and September 2016, and a de facto marriage relationship from October 2016 to August 2018.

Defendant

A, as shown in the list of crimes, from August 5, 2014 to March 16, 2017, as shown in the list of crimes, at Suwon, etc.,: (i) KRW 403,122,830 of the funds of the victim company; (ii) KRW 108,259,248 of the victim company’s funds deposited in the G Association account under the name of each of the Defendant A; and (iii) KRW 321 of the transfer of the funds of the victim company to two (H, I) and IBK bank account; and (iv) KRW 108,259,268 of the victim company’s funds deposited in the account under the name of each of the Defendant; and (v) KRW 321 of the victim company’s funds deposited in the account under the name of the Defendant, including the account holder, the account holder’s deposit and the account holder’s family account; and (v) KRW 371,258,248 of the victim company’s funds deposited account;