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(영문) 서울북부지방법원 2013.10.04 2013고합116
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From December 2004 to April 2012, 2012, the Defendant is a person who works as an accounting officer of victim D Co., Ltd. (hereinafter “victim E”) established for the purpose of indoor interior interior interior interior interior decoration and advertising in Seocho-gu Seoul Metropolitan Government, and has been in charge of fund management of the company.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. On October 24, 2006, the Defendant voluntarily consumed KRW 200,00,00 in total, 494,667,485 in total, 483 times from around the time of the transfer to the Defendant’s citizen bank account (Account Number G) while keeping the agricultural bank account (Account NumberF) of the victimized company for the damaged company for its business at the above victimized company’s office. In addition, from around that time to April 20, 2012, the Defendant spent KRW 20,00 in personal living expenses.

B. On January 23, 2006, the Defendant voluntarily consumed KRW 300,00,000 in total for 84 times in total, as shown in the [Attachment Table 3] in the following manner from around that time to March 11, 2011, while he/she directly released 30,000 won from a nearby cash withdrawal machine for a damaged company’s business on behalf of the victimized company, and used it for personal purposes at the above damaged company’s office.

Accordingly, the Defendant embezzled KRW 537,615,995 in total from January 23, 2006 to April 20, 2012.

2. On May 28, 2008, the Defendant in occupational breach of trust held one SK (Credit Card No. H) card, which is a credit card of the victimized company, at the above victimized company’s office, and even if there was an occupational duty not to use the corporate card without permission, the Defendant paid personal food amounting to 24,000 won by using the above credit card, and from around that time to February 17, 2012, as described in the attached Table No. 2 “crime List 1,265.”

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