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(영문) 수원지방법원 성남지원 2016.02.04 2014고합339
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

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

Based on the circumstances acknowledged by the evidence duly adopted and examined by this court, the expression of facts charged is modified and supplemented to the extent that does not put the defendant at a disadvantage in exercising his/her right to defense.

Since May 7, 1999, the Defendant, as the representative director of the Victim E Co., Ltd. (hereinafter “victim E”) located in Hysung City, has been engaged in the overall management of the damaged company’s business, fund management, etc.

1. Around August 31, 2012, the Defendant embezzled KRW 348,871,390 in total by withdrawing damaged funds for personal purposes and using them for personal purposes by voluntarily withdrawing 20,000,000 won from the said company’s bank account through a staff in charge of accounting while keeping the company’s funds in the account of the said company for the victimized company. From May 9, 2012 to December 24, 2013, the Defendant embezzled KRW 348,871,390 in total by arbitrarily transferring the damaged company’s motor vehicle owned by the victimized company to its own wife.

2. A defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) around July 9, 2013 was prosecuted for a separate occupational embezzlement, but this part of the Act was spent as service expenses related to the real estate business, and it is reasonable to view it as a single comprehensive crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement No. 7) from May 30, 2013 to December 11, 2013.

1,235,00,000 won in total by the same method over 12 times, as described in the 18th through the same method.

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