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(영문) 인천지방법원 2020.07.23 2020고합281

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From June 19, 2018, the Defendant is a person who works as the head of the finance team at the victim D Co., Ltd. (hereinafter referred to as “victim D”) located in Guro-gu Seoul Metropolitan Government building B (hereinafter referred to as “victim D”) and is engaged in overall management of the funds of

Defendant from February 17, 2020

2. From the date of February 21, 201, the Defendant was urged to send the investment money to the F account from the name in the name in the name in the name in the name in the name in the name in the order of a limited liability company to make profits equivalent to 200-300% from the transfer of the money to the F account in the name in the name in the name in the name in the name in the name in the name of a limited liability company that the name in the name in the name in the statement was known. On February 21, 2020, upon receiving a demand from the above name in the name in the statement that “the money is to be withdrawn from the investment money” from the above name in the name in the name in the form of a limited liability company, the Defendant was willing to use the money to receive the Defendant’s personal investment revenue by transferring the money to the F account in the name

On February 21, 2020, the Defendant transferred the amount of KRW 7,000,000 to the company bank account in the name of the victimized corporation through the company bank account (Account Number G) and SC bank account (Account Number I) in the name of the victimized corporation using the authorized certificate issued in the name of the victimized corporation, the OTP card, etc. at the office of the financial team office of the victimized corporation, and again, transferred the amount of KRW 7,00,000 to the company bank account in the name of the Defendant, and again, transferred the amount of KRW 7,00,000 to the company account in the name of the F company of the limited company.

In addition, from February 21, 2020 to February 21, 2020, the Defendant arbitrarily transferred funds of KRW 797,000,000 from around 18:25 to around 21:53 of the same month to the Defendant’s account in the name of the name of the Defendant and the name of the limited liability company.

As a result, the Defendant embezzled the amount of KRW 797,00,000, which was in custody for the damaged corporation.

Summary of Evidence

1. The defendant;