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(영문) 광주지방법원 2018.02.09 2017고합539
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2012 to March 2016, was in charge of managing the revenue and expenditure of the Company’s funds from the victim E-si office located in Pyeongtaek-si D to the management department.

Defendant 1, while carrying out the aforementioned duties, had the victim company’s scam who is the Defendant’s scam in the relationship with the Defendant to use part of the funds of other victim company for personal purposes, such as futures option investment.

Therefore, around July 6, 2012, the Defendant entered KRW 10 million into a loan in an Internet bank account in the name of the victim company from among the funds that he/she had been in custody for the victim company in an online bank account (F) at the ordinary home office of the victim company, and arbitrarily transferred the funds to the new bank account (G) in the name of the defendant, and then arbitrarily used them from the KRW 1,000 to the new bank account in the name of the defendant.

In addition, from around that time to March 31, 2016, the Defendant arbitrarily remitted the funds that he had been in custody for the victim company, such as the list of crimes in the attached Table, to the total amount of KRW 18,791,917,422 by the account, etc. in the name of the said Defendant at will over 565 times in total, and wrongfully embezzled them by using stocks investment and living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (the results of interim execution of a search and seizure warrant), an investigation report (the results of secondary execution of suspected transactions based on the results of the first execution of a search and seizure warrant applying a financial account trend), an investigation report (Attachment of details of financial transactions under H), and an investigation report (the confirmation of the facts of additional crimes);

1. The register of corporations E, the details of deposits and withdrawals of passbooks of corporations, the details of deposits by passbooks of corporations, the details of embezzlement deposits arranged by the defendant's tenant, and the application of statutes governing each account;

1. Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355(1) of the Criminal Act concerning the crime at issue.

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