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(영문) 창원지방법원 2019.06.20 2018고합99
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

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

Reasons

Punishment of the crime

From May 1, 2017 to November 30, 2017, the Defendant served as a branch director of the victim C in the building B located in Changwon-si, Changwon-si, Changwon-si, and was engaged in the sales, storage, management, and receipt of price for D gift certificates.

1. On June 10, 2017, the fraud Defendant: (a) around Kimhae-si apartment, Kim Jong-si, the fact was merely an attempt to encashe the gift certificates to pay personal debts; (b) however, the Defendant’s employee F of the victim company (“the gift certificates he/she has the right to sell instead of the gift certificates”) are false; and (c) he/she received from the above F the total face value of KRW 23,00,000,000 from the above F; and (d) from that Si to November 28, 2017, he/she received a delivery of KRW 89,060, total face value of KRW 1,000,000, as shown in the [Attachment] List of Crimes (1] between November 28, 2017.

Accordingly, the defendant acquired another's property by fraud.

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

A. On August 11, 2017, the Defendant embezzled gift certificates: (a) arbitrarily released the amount of KRW 750,000, total face value of KRW 8 of the D gift certificates owned by the said victim’s company, which was in his/her business custody, to the extent that the Defendant consumed the total amount of personal debt by cashing the amount of KRW 750,00; (b) from that time to November 6, 2017; and (c) arbitrarily released the amount of KRW 5,285, total face value of KRW 524,950,00,00 from that time to November 6, 2017; and (d) consumed the total amount of personal debt by cashing it.

Accordingly, the defendant embezzled the property of the victim company while he/she has kept it for business purposes.

B. On September 15, 2017, the Defendant embezzled gift certificates sales proceeds from D stores in the above B building, collected KRW 8,000,000 from the representative of the business partner G, and consumed at his/her own discretion for personal purposes during his/her business storage and around that time, as well as from that time to October 30, 2017.

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