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(영문) 의정부지방법원 고양지원 2013.11.29 2013고단1225
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2002, the Defendant entered the victim D Co., Ltd. and worked as the director and vice-director of the victim D Co., Ltd. until April 16, 2013. The Defendant was in charge of accounting and personnel management of the victim C Co., Ltd. as affiliates of the victim D Co., Ltd. and D Co., Ltd.

1. Around January 5, 2010, the Defendant acquired a 4.5 million won transfer from the above account to the new bank account (G) with F’s name while he/she managed the Defendant’s bank account (E) in the name of the Victim D Co., Ltd., and embezzled by using the method of arbitrarily remitting 6,5380,000 won in total over 13 times from around that time to April 11, 201, as shown in the list of crimes (1) as shown in the attached Table of Crimes (1), and then arbitrarily remitting it for the purpose of personal repayment, etc.

2. Around September 8, 2011, the Defendant, while managing one bank account (H) under the name of the victim C Co., Ltd., the Defendant: (a) transferred KRW 3 million from the said account to the Defendant’s account in the name of foreign exchange bank (J) in the name of the Defendant’s wife; and (b) subsequently, from around that time to March 27, 2013, the Defendant embezzled KRW 204,759,466 on a total of 23 occasions, as shown in the separate crime list (2) from that time to March 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The police statement of K;

1. Each complaint;

1. Application of Acts and subordinate statutes concerning details of transactions, certificates of employment, written confirmation, past details of transactions, etc. by reception period, and investigation reports ( listening to the accused telephone statement);

1. Articles 356 and 355 (1) of the Criminal Act applicable to the relevant criminal facts (the point of each business embezzlement and the choice of imprisonment, inclusive, for each victim);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 25 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order;

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