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(영문) 부산지방법원 동부지원 2017.11.28 2017고합162
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

From September 1, 2009, the Defendant has been in charge of the management of the funds of each of the above companies as accounting staff of victim D Co., Ltd. (hereinafter “victim Co., Ltd”) and the E and F Accounting staff of victim C, the representative director of the above company, and the above companies.

around October 12, 2010, the Defendant deposited funds in the victim company's office located in Seo-gu, Busan, B 201 and 202, transferred KRW 56,650 to the defendant's agricultural bank's name using the Internet banking around that time, and voluntarily consumed the funds for the defendant's personal purpose, such as the payment of the drinking value of the head of the host entertainment with the money, etc. from around 30,70 to March 27, 2017, and transferred KRW 440,781,920 to the defendant's total amount of KRW 637 times in total from 30,78,000 to 38,000 from 20,000 the defendant's total amount of money deposited in the victim company's account from around 27, 2017 to 37,000,0000 from 38,0000 won in total, 24,000 from 25,29.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each police investigation report;

1. Application of Acts and subordinate statutes on transactions in each account;

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act for the selection of criminal facts (in all cases, the victim shall be subject to punishment and choice of imprisonment).

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