beta
(영문) 인천지방법원 부천지원 2016.11.11 2016고합135

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From August 2003 to April 2015, the Defendant served as an accounting employee in the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the Won-si from around August 2003 to around April 2015, and was engaged in the business of keeping and managing the passbooks, seals, and authorized certificates of multiple accounts, such as the corporate bank account (E), which is a corporate account using the operating expenses of the victimized company.

Around October 6, 2008, the Defendant stated the embezzlement of KRW 2,80,000,000 as stated in the attached list of crimes in the indictment No. 1, 2008,000,000,000,000,000,000,000,000,000,000,00 won.

(Evidence Records No. 1759). Accordingly, some revisions are made to the annual table of crime, and charges are also corrected to describe the crime of embezzlement on October 6, 2008, which is the first crime.

After withdrawing KRW 7,80,00 in cash from the corporate bank account (E) in the name of the victim company in the name of the defendant in the name of the company in which the defendant had been in his/her business at Won-si, the amount of KRW 1,887,880 out of that amount was used for personal purposes, such as his/her own living expenses, and then, from around that time to April 6, 2015, 648,211,776 in total after withdrawing money from the corporate account of the victimized company over 230 times as shown in the crime list in the attached Table from that time to April 6, 2015, or transferring money to the account under the name of the defendant or his/her husband of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor's office and the statement of each police officer concerning G;

1. Police suspect interrogation protocol regarding F;

1. Each liquidity trading protocol (Evidence Nos. 3 and 14), meetings for specification of transactions by account, meetings for specification of transactions by account, certified copy of real estate register, certified copy of the register of real estate, corporate register, and entry and withdrawal details without evidential data, AF account transaction details, AF account transaction details, each transaction statement (Evidence Nos. 15 and 22), transaction statements, each transaction statement (Evidence Nos. 18, 199), transaction statements, and transaction statements;