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(영문) 대구지방법원 2014.12.05 2014고합277
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from June 199 to August 6, 2013, was in office as the director of the accounting division of the automobile parts manufacturing business, operated by C and D (hereinafter “victims”) who is the victim, and was in charge of the management, execution, accounting, etc. of funds.

E as a manufacturer of automobile parts, the sales proceeds from manufacturing and supplying automobile parts to the seller and the sales proceeds from supplying scrap metal generated in the course of the manufacturing to the seller are personal business operators of the victims of the main cause of import, and the funds such as revenues were deposited and managed in the Daegu Bank in the name of the victim C and the corporate bank account in the name of the victim C (hereinafter “E account”).

1. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is the first bank account in the name of the Defendant (F account until June 5, 2008) in the name of the victims from January 2004 to July 2013.

one and thereafter G accounts (hereinafter referred to as “Japan bank account”)

(B) There were two instances of use. In the meantime, all of them deposited 1.328 billion won in the bank account in total and deposited 1.144 billion won in the account in the name of E, and then deposit 1.34 billion won in total into the bank account in the name of E, and then deposit 1.344 billion won in the aggregate of the E funds owned by the victims during the same period into the bank account in the name of E, in combination with the Defendant’s personal funds, the vehicle parts and the sales proceeds of scrap metal deposited into the account in the name of E in the course of business.

The Defendant embezzled (146,745,287 won) by remitting money to a financial account under the name of the Plaintiff (146,745,287 won) without the consent of the victims of the E Fund owned by the victims who deposited the instant Japanese bank account from January 2004 to July 2013.

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