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(영문) 서울중앙지방법원 2012.05.25 2010고합1397
특정경제범죄가중처벌등에관한법률위반(횡령) 등
Text

Defendant

A is related to occupational embezzlement and cancellation and return of the purchase price of graveyard extension site.

Reasons

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) concerning the revenues from graveyard sale to Defendant A and B;

A. The facts charged (hereinafter “the facts charged in this case”) are those who work as the field manager of F Corporation (hereinafter “F”) from March 2, 1999 to October 27, 199; from around August 25, 2002 to around August 30, 2003 to April 6, 2005; from around December 31, 2007 to around December 31, 2007 to around December 31, 200 to the head of the board of directors in charge of overall duties, such as the sale of the F Corporation’s graveyard, fund management, accounting management, etc.; Defendant B, as the colon of the Defendant Company A, from around January 2, 200 to around October 19, 200 to the end of February 31, 200 to the end of February 20, 200 to the auditor’s overall duties as the head of the F Corporation’s redevelopment project; and

Defendant

A and B conspiredd on January 15, 200, while keeping F-owned cemetery sales revenue of KRW 700,000 from the F Office located G in Yongsan-si, G in the course of business, remitted to the corporate bank account under the name of the defendant A and consumed at will for personal purposes.

Defendant

A and B, from that time until April 30, 2004, transferred the F’s funds of KRW 1,741,546,980 to the account in the name of Defendant A, Defendant A’s wife H, Company I, etc., and embezzled arbitrarily for personal purposes, such as the purchase price of real estate, loans, investments in other corporations, living expenses, etc., while keeping the funds of KRW 1,741,546,980 in total of 187.

B. 1) Determination of the facts charged is a series of acts resulting from the realization of a single criminal intent even if several business embezzlements in relation to the relevant legal principles are conducted, the legal interest of damage is uniform, the form of crime is identical, and the form of a single criminal intent.

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