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(영문) 창원지방법원 진주지원 2015.04.02 2015고합8
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

From January 1, 2013, the Defendant: (a) from around 1, 2013, at the victimHadong Agricultural Cooperative D branch located in Hanam-dong, the Defendant was an employee of technical staff in charge of the repair of agricultural machinery, management of parts, purchase and sale of agricultural machinery, and collection and disbursement of related agricultural machinery; and (b) obtained registration of purchase as if he were to purchase any false agricultural machinery through the computer network of the economic business system established at the aboveHadong Agricultural Cooperative D branch with an opportunity to engage in the above work; and (c) paid the price in the name of the Defendant to embezzlement the victim’s money.

Around March 7, 2014, while the Defendant was in custody of the purchase price of agricultural machinery for the victim in the course of business at the aboveHadong Agricultural Branch D, the Defendant made a false purchase registration on the economic business system computer network as if he purchased the 1 bitter from the above company, even though he did not purchase the agricultural machinery from E (ju) sub-agency,

4.8. From around 200 to December 30, 2014, around 236 times, a sum of KRW 2,124,107,00,000 was embezzled by remitting 44,280,000 to the Defendant’s agricultural bank account in the name of F (G) of the Defendant’s mother, and then embezzled the victim’s property by remitting the sum of KRW 2,124,107,00 to the said agricultural bank account in the same manner as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Each police statement made to I, J, K, L, M, N, F, andO;

1. Investigative reports (the details of withdrawals from the suspect's account), list of withdrawals, and data on response to details of financial transactions;

1. Application of accusation forms, the current status of purchase of agricultural machinery and tools, entry and exit details of related persons, inquiries into the head of a product collection center, details of purchase of agricultural machinery at Category D in 2014, details of payment by credit purchase settlement center, details of payment by credit purchase settlement center, details of transactions by passbook F, A (P) details of transactions by passbook A, and Q Acts

1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the relevant criminal facts;

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