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(영문) 대전지방법원 천안지원 2013.04.10 2013고합48
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for ten months.

The Daejeon District Prosecutors' Office, the Daejeon District Prosecutors' Office.

Reasons

Punishment of the crime

1. Defendant A was the director of the Financial Accounting Team of the Victim (State)F located in G in ASEAN, and was in charge of exercising overall control over the entry and withdrawal of funds of the victim company from January 2012.

On December 30, 2012, the Defendant transferred the funds of the Victim Company to the Defendant’s personal account, and decided to use them for personal purposes.

On January 4, 2013, the Defendant transferred KRW 4.7 billion in total from the said account to the Korean bank account (K) in the name of the Defendant, through the Internet banking account and the authorized certificate, at the I hotel located in Gangnam-gu Seoul, without obtaining the consent of the victim company. From January 4, 2013, the Defendant released KRW 3.36 billion out of the said KRW 4.7 billion in cash and check over several occasions on January 4, 2013, and then consumed approximately KRW 4.3 billion in the said amount from February 1, 2013 to February 7, 2013 as personal car purchase cost, entertainment cost, etc.

Accordingly, the Defendant embezzled 4.7 billion won owned by the victim company that was in custody in the course of business.

2. Defendant B

A. From January 4, 2013, A also committed the crime of occupational embezzlement by transferring the amount of KRW 4.7 billion owned by the victim company, which was under custody for the victim company, to the bank account (K) in its own name without the consent of the victim company, as described in paragraph 1, around January 4, 2013.

A, from December 30, 2012 to January 3, 2013, at the same time, requested the Defendant to purchase and register one motor vehicle under the name of the Defendant, and promised to pay KRW 80 million in return. A, around January 4, 2013, requested the Defendant to purchase the fenz motor vehicle that he/she decided in advance while delivering KRW 110 million in cash to the Defendant.

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