(영문) 인천지방법원 부천지원 2018.07.20 2018고합97

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(영문) 인천지방법원 부천지원 2018.07.20 2018고합97

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

From around April 2005 to April 12, 2018, the Defendant served as the accounting staff of the victim C, the accounting division, and the accounting division of the victim C corporation, and was in charge of accounting affairs such as purchase, sale, and management of various expenses of the victim company.

1. Around August 13, 2013, the Defendant embezzled KRW 3,309,751,279 in total by arbitrarily withdrawing cash from the victim’s account in the name of the victim’s company from the victim’s office to the new bank account in the name of the victim company and using KRW 5 million for personal purposes, and then using it for personal purposes from around that time to April 11, 2018, as shown in the attached list of crimes (1-1), and (1-2) from around 519 times in total, by arbitrarily withdrawing cash from the victim’s account in the name of the victim company or transferring it to the Defendant’s account in the name of the victim to use for personal purposes.

2. The defendant was delegated by the victim company to use the victim company's company's name in relation to his/her business and was issued with the victim company's corporate card (new card, corporate card, and modern card). Therefore, the defendant has a duty to use the victim company's corporate card in relation to the business of the victim company.

Nevertheless, on January 30, 2013, the Defendant violated his duties and purchased the personal goods equivalent to KRW 116,810 with the card in the name of the victim company by accessing the Internet 24 website and settling the personal goods with the card in the name of the victim around January 30, 2013, and thereafter, during the period from around that time to February 28, 2018, the Defendant acquired the financial benefits equivalent to KRW 763,053,698 in total by the same method over 1,089, such as the daily list of crimes (2-1), (2-2), and (2-3), and suffered financial damages equivalent to the same amount from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant (including twice the examination of the suspect and the examination of the suspect);

1. E.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

유사 판례

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