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(영문) 의정부지방법원 고양지원 2019.06.04 2019고합43
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

From March 2016, the Defendant has been engaged in the business planning team as the head of the victim corporation C (hereinafter referred to as “victim Company”) located in B from March 2, 2016 in the victim corporation B (hereinafter referred to as “victim Company”).

When the Defendant personally loses its investment money by making an investment in the stock price index futures option, the Defendant was willing to attract losses by making the said investment with the funds of the victim company.

While the Defendant deposited company funds in the victim’s name and E account and kept the company funds for the victim’s company, on January 16, 2018, the Defendant withdrawn 80 million won from E account (Account Number G) in the name of the victim company from the E account (Account Number) to the H bank account in the name of the victim, and deposited 80 million won at the face value to the H bank account in the name of the defendant on the 19th of the same month, and used it for his/her futures option investment from around that time to November 6 of the same year, and voluntarily used 80 million won for his/her futures option investment and personal debt repayment.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Around January 16, 2018, E-do head office located in the Yeongdeungpo-gu Seoul Metropolitan Government F, takes 80 million won of the company's funds from E-do head office's account under the name of the victim of the company's headquarters in the Yeongdeungpo-gu's Seoul Metropolitan Government, using 1 cashier's checks for the defendant's futures option investment and personal debt repayment, with three cashier's checks (one cashier's checks, 80 million won, 220 million won, 40 million won, and 1 million won), around February 27, 2018, the company's funds amounting to 20 million won from the above above above account to 30 million cashier's checks (one cashier's checks, 80 million won, 140 million won, 140 million won, 81 million won, and 36.1 million won from the above account around June 5, 2018).

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