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(영문) 서울남부지방법원 2017.11.09 2017고합211
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From May 2002 to May 2009, the Defendant served as “E” in this business chain operated by Mapo-gu Seoul, Mapo-gu, and 108, and was engaged in the above business entity’s financial management, accounting, and accounting affairs. After retirement, the Defendant continued to take charge of the above business entity’s accounting affairs from June 2009 to May 2015.

1. Around August 10, 2005, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) committed an embezzlement of KRW 33,686,180,00, which was collected from the “E office” as a trader, by transferring KRW 350,00 to the Defendant’s Nonghyup Bank account while in the course of performing his/her duties for the victim D, and voluntarily consumed for personal purposes, such as repayment of debts and living expenses. From that time to March 31, 2015, the Defendant embezzled KRW 683,36,780, total sum of the directors’ money collected from the trader for 136 times in total, as shown in the attached Table of Crimes (1) from March 31, 2015, and used it for personal purposes by voluntarily consuming the Defendant’s personal use.

2. The Defendant, using computers, etc., possessed and managed the No.C. S. Non-C. Card with D with a TRS service of the card company in a crypted manner, in which the Defendant, as if the Defendant was the legitimate licensee of the said card, received the credit card cash service and received the credit card cash service.

Therefore, the Defendant, at around December 24, 2007, called the phone from the above E E office to the NAS service, entered the card number, password, amount of loan, and the transfer account number in order and without authority, and then transferred KRW 3,480,00 to the Nong Bank in the name of D under the name of cash services. In addition, from that time to July 26, 2012, the Defendant received KRW 108,170,000 in total under the name of cash services for 50 times in total as shown in the attached list of crimes (2) as shown above by the following methods.

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