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(영문) 울산지방법원 2018.06.22 2018고합57

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

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

Reasons

Punishment of the crime

The Defendant is an accounting employee of the Victim E Co., Ltd. (hereinafter “victim”) located in Yangsan D (hereinafter “victim”) from March 28, 2005 to March 21, 2017, who has been engaged in the affairs of finance and accounting, such as the purchase and sales of the Victim Co., Ltd. (hereinafter “victim”) and the monthly payment of staff members.

On December 2, 2010, the Defendant, with the knowledge of the fact that the transaction price and electronic bonds of the victim company are deposited and kept in a new bank account opened in the name of the victim company (F, a new corporation account: F, and a new corporation account: G) and embezzled the funds of the victim company by transferring the funds of the victim company to the personal account in the name of the Defendant using an OTP card and an authorized certificate, or by receiving the cash bill issued by the victim company to be entrusted to the current account in the name of the Defendant during the course of business custody and embezzlement them.

Thus, around December 3, 2010, the Defendant transferred KRW 5,00,500, out of KRW 23,868,900, out of the funds of the victim company’s new bank account in the name of the victim company to the agricultural cooperative account in the name of the defendant, and used it for personal purposes, such as living expenses, around that time, by using the OTP card and the authorized certificate in the name of the victim company, and embezzled KRW 1,763,497,845, out of the funds of the victim company for personal use, such as living expenses, from March 10, 2017 to March 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A written statement of performance;

1. Complaint;

1. Each report on investigation;

1. Financial transaction records, CDs, financial transaction records.