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(영문) 서울남부지방법원 2014.06.19 2014고합149

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

【Criminal Power” On February 4, 2010, the Defendant was sentenced to one year and five months of imprisonment for the crime of occupational embezzlement at the Suwon District Court on February 12, 2010, and the said judgment became final and conclusive on February 12, 2010, and was provisionally released on September 30, 2010 during the execution of the sentence, and the parole period expired on December 3, 2010.

【Criminal Facts】 From the end of December 2010 to December 2, 2011, the Defendant served as an accounting member of the Victim C Co., Ltd. and was in charge of managing the deposited money of the Victim Co., Ltd.

On February 1, 2011, the Defendant voluntarily withdrawn KRW 6,790,00 from the corporate bank account (E) in the name of the victim C, a company in the name of Geumcheon-gu Seoul Metropolitan Government, and consumed KRW 2,023,525,911 in total from the corporate account of the victim company that had been in the custody of business until December 1, 201, as shown in the separate crime list, from that time to December 1, 201, including the consumption of living expenses, etc. for personal purposes, from around that time, at the victim company's office located in Geumcheon-gu Seoul Metropolitan Government, which had been in the custody of business. Around that time, the Defendant arbitrarily voluntarily withdrawn KRW 6,790,00 from

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of a passbook in the bank account in the name of the Republic of Korea;

1. A certificate of deposit transaction in the bank account in the name of C;

1. A statement of transactions by account (E) of a bank account in the name of C;

1. Details of issuance of cashier's checks;

1. A copy of a passbook of an enterprise bank account (I) in the name of A;

1. A certificate of deposit transaction issued under the name of C;

1. A certificate of deposit transaction in the bank account (K) in the name of C;

1. A statement of transactions by account of a bank account in the name of C;

1. Application of statutes on a copy of a passbook in the M-registered Korean bank account;

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. Articles 35 and 42 of the Criminal Act among repeated offenders.