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(영문) 서울중앙지방법원 2020.11.05 2019고합915
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On April 2007, the Defendant was employed as a person in charge of accounting of B Co., Ltd. (hereinafter referred to as “damage Co., Ltd.”) with the purpose of real estate leasing business, etc. on or around June 2018, and served until May 31, 2018, and has been engaged in the affairs of building management, fund management, etc.

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

A. A. Around January 14, 2009, the embezzlement Defendant transferred the amount of KRW 1,00,000 to the E bank account (H) in the name of the victimized Company’s E Bank account (F, G) and the OTPP card in the name of the victimized Company at the damaged Company’s office located on 7th floor in Gangnam-gu Seoul, Seoul, to the financial account of the Defendant, etc., and the Defendant was in the course of business for the victimized Company. Around that time, the Internet banking used the Internet banking to transfer the amount of KRW 1,00,000 to the damaged Company’s deposit account in the name of the Defendant (H) and used it for personal use from that time until May 10:41, 2018, and even if the Defendant changed the amount of KRW 1,39,42,48,49, 53, 70, 72,76, and 89 “the Defendant’s criminal facts” to the Defendant’s corrective bank account without any substantial interference with the Defendant’s right of defense.

As stated in the statement [excluding Nos. 110, 113, 114, 128, 174, 282, 311, 351, and 362], the total amount of KRW 717,470,290 owned by the damaged company that was kept in the account in the name of the victimized company over 371 times was embezzled by arbitrarily transferring the total amount of KRW 717,470,290 to the deposit account in the name of the victimized company in the name of the victimized company, the defendant, I who is the father of the defendant, and the defendant's mother, to the deposit account in the

B. The Defendant’s embezzlement, around 12:26 February 16, 2009, is a victimized company at the cash withdrawal machine located in a remote area in Seoul, while the Defendant was in business custody for the damaged company with each passbook, authorized certificate, and OTP card under the name of the victimized company.

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