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(영문) 서울중앙지방법원 2014.07.30 2014고합520

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From April 200 to July 201, the Defendant served as the head of the management support office (the director from April 200 to March 3, 2008 and the managing director from March 2008 to July 201) of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) established for the purpose of purchasing, selling, etc. products related to pharmaceutical products, and was engaged in the overall affairs of the company’s funds, accounting management, and fund execution.

On November 13, 2009, the Defendant issued a promissory note equivalent to 6.6 billion won in the form of payment for the delivery of medical devices, such as surgery supplies, etc. to F Hospital, and the Defendant’s deposit of each promissory note (in the face value of KRW 100 million, KRW 7 billion, face value of KRW 1 billion, KRW 1 billion) in the attached Form 1.7 billion in the face value through G’s employees of the victim company into the Daegu Bank account in the name of the above hospital and kept the victim company for its business on behalf of the victim company, while the Defendant received the promissory note (in the face value of KRW 17 billion, KRW 1 billion, face value of KRW 1 billion) from the person in charge of accounting with no knowledge of the name of the above hospital, and then deposited it into the said account in the name of the Defendant on January 29, 201, and then indicted the Defendant’s arbitrary use of the said cash.

However, as long as the defendant has deposited the bill owned by the company into an account under his own name within the scope of his own control, the crime of embezzlement has already been committed. Therefore, it is not separately decided where the defendant uses the above money after the bill was deposited.

was held.

However, the Defendant asserts that each of the above amounts was not remitted to the Defendant’s branch of the indictment, with the amount acquired through the embezzlement of this case, as to the part of the Defendant’s remittance of KRW 20 million on June 9, 2010, KRW 100 million on July 6, 2010, and KRW 120 million on the aggregate.

According to the records of this case, ① each of the above amounts shall be M., limit to the defendant's bank M. the passbook account.