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(영문) 의정부지방법원 고양지원 2018.06.05 2015고합285

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From March 20, 200 to April 10, 2015, the Defendant is the head of the victim D Co., Ltd. (hereinafter referred to as “victim D”) located in C (hereinafter referred to as “victim D Co., Ltd”) in the period from March 20, 200 to April 10, who has been engaged in the business of building consultation and receiving service fees.

On February 2, 2010, the Defendant collected KRW 3,00,000 from F Management Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., located in Pakistan, and embezzled KRW 690,020,962 in total for the personal purpose of the Defendant’s personal use as follows: (a) voluntarily deposited money in the personal passbook (Account Number H) in the name of the Defendant; and (b) consumed the Defendant’s living expenses and others according to his mind at that time; and (c) as indicated in the column for entry of the list of crimes and the column for embezzlement of Table 2 of the List of Crimes, from July 23, 2008 to April 6, 2015, all of the following methods: (a) deposited KRW 782,350,962 in the above personal passbook; and (b) embezzled it for the Defendant’s personal purpose as the Defendant’s mind.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of a witness I in the protocol of public trial conducted on the 2, 3, 4, 12, and 13 occasions;

1. Statement by the J of the witness in the protocol of public trial Nos. 4 and 14;

1. Statement of the witness K and L in the fifth public trial records;

1. Entry of each part of the witness M and N in the sixth public trial records;

1. To state the witness'sO and each part of P in the eight-time trial records;

1. Partial statement of the witness Q from among the 9th public trial records;

1. Statement made by the witness R in the 14th public trial protocol;

1. Statement made by the witness S in the 15th public trial records;

1. The witness's partial statement in the 17th public trial protocol;

1. A protocol concerning the examination of the accused or I by the prosecution;

1. A protocol concerning the examination of a suspect by a defendant, J, U, I, or S;

1. A protocol concerning the examination of suspect by the prosecution against the defendant, U, or I;

1. A protocol concerning the examination of a suspect by the prosecution against the defendant, U, I, or R;

1. A protocol concerning the examination of the suspect of the defendant or I;

1. Each police statement made to I and J;

1. A Details of financial transactions in the passbook A, A Embezzlement A 1,2,3.