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(영문) 대전지방법원 2017.12.14 2017고합131

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2017 Gohap 131] The Defendant held office as the representative director of the victim D Co., Ltd. located in Daejeon Seo-gu Daejeon from November 21, 2000 to December 27, 2013, and held overall control over the financing, management, and expenditure of the victim Co., Ltd.

After opening one bank account under one’s name (E), the Defendant, from time to time, deposited the company’s funds into the said account in the form of a provisional payment and had the company keep them for personal purposes.

Accordingly, on January 15, 2007, the Defendant instructed the above company to transfer the amount of KRW 1,500,000 owned by the victim company, which was kept in the above account, to G account as the Defendant’s wife, and the above F sent KRW 1,50,000 to G account according to the Defendant’s direction.

From that point to December 16, 2013, the Defendant, along with this, instructed the head of the F and Accounting Division to remit the company’s funds for his personal purposes at least 425 times, such as the F and Accounting Division 1’s list of crimes, and F and H transferred the funds at the direction of the Defendant, and the Defendant used the funds of the victim company at KRW 805,739,39,390 in mind.

In addition, on June 4, 2012, the Defendant received an order from the above Company to bring about KRW 500,000,000 in cash stored in the said Company’s cash possession, and used it for personal purposes, etc. from that time to December 27, 2013, the Defendant received and consumed KRW 41,00,000 in total over 82 times as shown in the annexed crime sight table 2.

Ultimately, the Defendant embezzled 846,739,390 won in total of the funds of the victim company.

[2017 Gohap 352] The Defendant is a person who is engaged in driving an Ibera cruise car.

On July 4, 2017, the Defendant runs away on the road of the 1st line in front of the JJ of the J, Doon-gun, North Korea on July 10, 2017.