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(영문) 서울남부지방법원 2018.07.06 2018고합191

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is a company operating an “E”, which is an Internet personal broadcasting platform, and F is a related company with the same location as D and its head office and overlaps with employees for the purpose of monitoring the personal broadcasting of E.

around January 2017, the Defendant entered the Geumcheon-gu Seoul Metropolitan Government G Building and D in the nine floors, and added D and F M belonging to the D’s accounting department from April 2017 to January 2018, according to the statement made by each investigative agency of D and Defendant (see, e.g., 56, 558 investigation records).

A person who has been in charge of fund management, such as fund transfer and accounting, while managing a new bank account.

1. A defendant who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) manages D's funds in the course of business, and the defendant used them in the account of a new bank account (Account Number) in the name of the victimized company using Internet banking at the office of the victimized company around July 11, 2017;

I transferred KRW 10 million to the post office account (Account Number: J) in the name of the I, and used it for personal purposes, such as Internet gambling or the purchase of game items.

In addition, from July 11, 2017 to January 14, 2018, the Defendant used by the Defendant directly or through the F’s account in the name of the victim company, such as the list of crimes in attached Form 1 (1).

I transferred the total amount of 1,443,290,280 won of the funds of the damaged company over 142 times in total to the above post office account, K’s bank account (Account Number: L), Internet gambling site deposit account, game item charging account, and embezzled using it for personal purposes, such as Internet gambling or purchase of game items.

2. The defendant who has altered or altered a private document shall obtain approval after obtaining a certificate of balance by bank.