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(영문) 창원지방법원 2017.02.14 2016고합260
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a DNA representative director who is in charge of overall management of the operation and fund management of the above company and sells plastic products.

1. The embezzlement of transaction proceeds through the Defendant’s account was paid in excess of the amount to the victim (state) D) who received the difference from the Defendant’s personal account in the process of paying the amount to the Defendant’s personal account, or the victim’s company received the amount from the customer and received it from the Defendant’s personal account in the process of paying the amount.

On January 2012, the Defendant purchased oil equivalent to KRW 931,00,00, which is necessary for the manufacture of plastic products from F, a supplier company, and embezzled KRW 7,168,30,00 from around 16 times to June 2016 by means of using the difference of KRW 8,09,30,00 as the oil price, and then receiving KRW 7,168,30 from the Defendant’s personal account to the Defendant’s personal account (Account Number: G) and then temporarily consumed for personal use at around 16 times from around 2016 to around 2016.

2. The Defendant, through the payment of unfair benefits, has falsely listed his employees who did not actually work at the victim company, and received and managed money for his account, and subsequently received money again from the next account to withdraw the amount equivalent to the same amount or remitted money to the Defendant’s personal account and received money for personal use.

Accordingly, the Defendant transferred personnel expenses of KRW 1,648,220 to H who did not work at the time in the victim company office in around 2012, and then transferred the same amount to the Defendant’s personal account (Account Number: G) account.

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