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(영문) 서울서부지방법원 2013.11.01 2011고합384
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who has served as a person in charge of the management of G sports clubs in the first floor of Yongsan-gu Seoul Metropolitan Government F building 101 Dong.

On May 18, 2006, the Defendant received 6,230,000 won from the bank account under the name of the said corporation, which is a dormant account not used by the said corporation, for the said corporation, under the name of deposit money, etc. for H, and embezzled by voluntarily consuming it to the bank account in the name of the Defendant on the same day.

Defendant, including the above crime, attached Form

2. Attached Form 2 of the crime sight list (judgment)

1. The list of crimes (criminal facts) Nos. 81 and 82 indicate “2,970,000 won” and “7,000,000 won”. However, this appears to be simple clerical errors in “3,970,000 won” and “6,00,000 won”.

As stated above, while taking membership deposits, etc. from the above date to November 19, 2009 to the account in the name of the Korean bank or the new bank account in the name of the juristic person, the facts charged in the name of the defendant, such as the bank account in the name of the defendant, are merely stated as the "Korean bank," it seems to be a clerical error in the

The sum of 68,470,000 won was embezzled over 108 times by means of voluntary consumption by transferring funds to another person or by means of voluntary consumption with the account in the name of the defendant in the name of the Korean bank.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Each prosecutor's protocol of examination of the accused (including K's statement section);

1. Investigation report (Submission of details of operating expenses and construction expenses of a company);

1. Application of the provisions of the Acts and subordinate statutes to the G bank transaction statement, G new bank transaction statement, and A bank account transaction statement;

1. Determination as to the Defendant and his/her defense counsel’s assertion on the relevant criminal facts under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355(1) of the Criminal Act

1. The alleged defendant is written in the facts charged.

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