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(영문) 수원지방법원 2015.04.16 2014고합753

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is an actual operator of C [D Co., Ltd. prior to the change of trade name on December 30, 2013 and the change] for the purpose of the wholesale and retail business of electronic parts, etc., and is a person in charge of all the affairs of the said company, including personnel affairs and fund management, from September 10, 2010 to September 10, 2010.

The Defendant recorded the Defendant’s wife E, etc. as a false employee in order to raise funds for personal living expenses, housing purchase, etc., and thought to use wages, etc. paid to them for personal purposes, and around November 2010, he/she managed the accounting as if he/she paid 4 million won of the company’s corporate funds to the above E at the above office located in the company’s office located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, Seoul, with the change of address and change of address on March 6, 2012, and used them as the Defendant’s personal living expenses, etc. after receiving them.

In addition, from November 2010 to July 2014, the Defendant registered 14 of the above E, etc. as the false staff of the company from around November 2010 to around July 2014, as indicated in the attached list of crimes, and recorded them as if they were paid a total of KRW 1,397,791,386 on 324 occasions under the pretext of salary, bonus, etc., and used them for personal purposes, such as personal living expenses, debt repayment funds, house purchase funds, family travel expenses, etc.

Accordingly, the Defendant arbitrarily consumed and embezzled the corporate funds of the above company while he had been in custody in business.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of H, E, I, J, K, L, M, N,O, P, Q, R, S, and T;

1. Each question and statement in U and V;

1. Credit investigation sets, voluntary submission documents (as of July 22, 2014), voluntary submission documents (as of July 25, 2014), e-mail, and voluntary submission documents (as of November 5, 2014);

1. Application of Acts and subordinate statutes to each investigation report (Nos. 2, 9, 25, 28, 31 of the evidence list);

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.