특정경제범죄가중처벌등에관한법률위반(횡령)등
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 three years from the date this judgment became final and conclusive.
Punishment of the crime
From June 2008 to December 12, 2012, the Defendant has been engaged in arranging monetary transaction relations, such as paying the purchase cost of the company’s goods to victims E (hereinafter “company”) located in P from June 2008 to December 2, 2012.
1. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) alone, managed the financial transactions of the above company, and raised awareness for personal use of the company’s funds by using the negligence in managing the company’s side.
On November 20, 2008, the Defendant transferred the company funds from the Busan Bank (F) account in the name of the Defendant to the Busan Bank (G) account in the name of the said company in his business management at the office of the Co., Ltd., the Defendant voluntarily consumed the company’s living expenses, etc. around that time.
From that time until September 17, 2012, the Defendant embezzled KRW 403,315,615 on a total of 195 occasions in the manner of voluntarily consuming funds deposited in the account in the name of the victim, such as the attached crime list (1) from that time to September 17, 2012, by transferring them to the account in the name of H, which is the husband of the Defendant and the Defendant.
B. On July 30, 2008, the Defendant, who withdrawn cash from the company’s account, withdrawn KRW 2,350,390 from the company’s Busan Bank account under the pretext of paying the company’s property tax at the above office, and then voluntarily consumed KRW 2,250,390 as property tax and spent KRW 100,000 remaining after paying KRW 2,390 as property tax.
From that time until December 10, 2012, the Defendant embezzled KRW 185,051,353 in total over 160 times in the manner of voluntary consumption by withdrawing cash from the corporate account, such as the list of crimes (2) as shown in the attached Table of Crimes (2).
Ultimately, the Defendant embezzled the total amount of KRW 588,366,968 on business.
2. The Defendant in occupational breach of trust manages the corporate card of the victim company.