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Reasons
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(영문) 울산지방법원 2017.05.19 2017고합46
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, as a victim’s incorporated association, was in charge of the above C’s financial management from February 2013.

1. On November 23, 2014, the Defendant: (a) transferred KRW 10,00,000,000 from the victim’s public funds deposited in the Agricultural Cooperative Account (E) in the name of the Defendant to the Agricultural Cooperative Account (F) in the name of the Defendant; and (b) voluntarily transferred KRW 1,50,000 out of the funds to the G Bank Account (I) in the name of the mother-friendly H, women on December 3, 2014, to the G Bank Account in the name of the Defendant.

In addition, from that time until June 24, 2016, the Defendant arbitrarily used the total of KRW 1,930,800,000 for G’s living expenses, debt repayment, and apartment purchase expenses, etc., in total, 101 times as shown in the attached list of crimes (1) in the foregoing manner.

2. On November 23, 2014, the Defendant: (a) transferred KRW 10,00,000 of the public funds of the victim’s corporation deposited in the said Nonghyup account in the name of the said Nonghyup account under the name of the Defendant to the said Nonghyup account; (b) on November 26, 2014, the Defendant got drinking in the “J” studal harassment located in Busan Shipping Daegu, and then arbitrarily remitted KRW 2,50,000 among them to the Busan Bank account under the pretext of the drinking value.

In addition, from November 2, 2014 to June 29, 2016, the Defendant arbitrarily used 89,903,000 won in total over 48 times as shown in the attached crime list (2) in the foregoing manner.

Accordingly, the defendant embezzled the total amount of 2,020,703,000 won of public funds owned by the victim who had been under business custody over 149 times as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police report on L, M, H, G, or N;

1. The application of the detailed statement of each entry into and departure from the account, details of account transactions, content of each text message and Kakao conversation, certified copy of the corporate registry, and a record book;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which covers the relevant criminal facts.

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