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(영문) 수원지방법원 2015.01.20 2014고합321

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as the deputy head of the management support team of the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) located in F in e.g., was in charge of managing the funds of the damaged company.

[2014 Gohap321] While managing the accounts, etc. of the victimized company, the Defendant transferred KRW 300 million from the Korean bank account of the victimized company to the national bank account in H’s name to the national bank account in the name of H on July 5, 2012, and used it arbitrarily for apartment purchase funds.

From around that time to February 11, 2014, the Defendant: (a) transferred a total of KRW 828 million from the account of the victimized company to the account in H and I’s name or withdrawn the check, and then arbitrarily used it for the purpose of lease deposit, stock investment, debt repayment, etc.

[2014 Gohap494] While managing the accounts, etc. of the victimized company, the Defendant withdrawn KRW 63.8 million from the account of the victimized company’s corporate bank to the check on July 2, 2009, and used it arbitrarily for its debt repayment and stock investment purpose.

From around that time to March 13, 2013, the Defendant, as shown in attached Table 2, withdrawn 1 billion won from the account of the victimized company through check or transferred 11 times to another account, and embezzled the said money by arbitrarily using it for the purpose of debt repayment, stock investment, etc.

Summary of Evidence

[2014Gohap321]

1. Statement by the defendant in court;

1. Each police statement made to J;

1. Each withdrawal certificate, certificate of employment (A), detailed statement of transaction by account, statement of transaction, apartment charter contract, apartment charter contract, transfer of the bank to Korea, copy of passbook of Korea Cze Bank, accounting table, and detailed statement of bank transaction [2014Gohap4];

1. Statement by the defendant in court;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to the specifications of non-conforming data, accounting slips, and transaction details of passbooks;

1. Relevant legal provisions for criminal facts shall be aggravated, etc.