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(영문) 인천지방법원 2018.02.09 2017고합747

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From October 201 to October 201, 2016, the Defendant used the money deposited in the account held in the name of the said victim in the following manner: (a) the victim E, F, and G, which is operated by D, 9 Dong-gu, Seocheon-si, Seocheon-si, 1102, in charge of the management of corporate accounts and the issuance and withdrawal of tax invoices for the sales of purchase and sale; and (b) the Defendant was entitled to access to the money deposited in the account held in the name of the said victim.

1. From the national bank account in the name of the victim G, the Defendant either withdraws or transfers money from the bank account in the name of the victim, at the seat of the National Bank of Korea, the Defendant: (a) at the seat of the National Bank of Korea, Seocheon-gu, Seocheon-gu, U.S., the Defendant withdraws and uses 4,92,000 won in the victim G bank account in the name of the victim G (H) that the Defendant actually kept and manages; and (b) from that time until August 23, 2016, from that time, the Defendant is clear that the Defendant is the victim G bank account in the name of the victim, G, the Defendant’s withdrawal and use of 4,92,00 won in the name of the Defendant, and up to August 23, 2016, KRW 4,190,000 in the attached Table I of the crime List No. 1,505,00 won in the net time, KRW 6,03,750 won in the year.

The total amount of 645,320,910 won was used in mind over 69 times.

2. It is clear that the Defendant, at around May 30, 2012, purchased goods to be used by the Defendant for personal use from the Internet shopping mall in the above company’s office around May 30, 2012, and thereafter transferred 300,000 won from the National Bank Account in the name of F Co., Ltd. (I) in which the Defendant actually managed, from that time until August 31, 2016, “2013-08-21” in attached Table II of the indictment in this case is a clerical error of “25 times in the daily list of crimes in the crime No. 2013-08-26” as stated in attached Table II of the crime No. 2016.

The total amount of 42,973,740 won was used in mind over 70 times.

Accordingly, the defendant is kept in custody on duty.