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(영문) 울산지방법원 2021.03.26 2020고합320
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for four years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 24, 2018, the Defendant entered the vessel supplies manufacturing and exporting company in Ulsan-gu C, Ulsan-gu, and worked in the general affairs team for the victim B, who is an exporter, and has been in charge of paying the price for credit purchase.

The Defendant, as a part of the business of settling accounts in the name of the victim company, managed three corporate accounts such as the D E bank account, F bank G account, and H bank I account in the course of business, and embezzled funds of the victim company by stating “L (L)”, which is the customer’s account, from among the funds of the victim company deposited in the D bank account in the Internet bank account in the victim company’s office on April 18, 2020, around April 18, 2020, when transferring KRW 11,01,000 from the funds of the victim company deposited in the D bank account using the Internet banking, from the victim company’s office to the JK account in the name of the Defendant.

In addition, from that time until August 6, 2020, the Defendant arbitrarily remitted 2,456,981,705 won of the funds of the victim company to the personal account under the name of the Defendant or embezzled 135 times, as described in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. To attach a copy of the passbook of the police statement statement made to M with D bank, a inquire of the results of transfer to D bank E account, a copy of the passbook of F bank, a F bank G account transfer statement, a re-issuance of JK transaction details, and a re-issuance of JN transaction details;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching materials submitted by a complainant: Additional embezzlement of a suspect);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (excluding KRW 1,228,640,179, which was partially repaid out of KRW 2,456,981,705 that the defendant embezzled) 1,228,641,526, excluding KRW 1,228,341,526.

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