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(영문) 서울중앙지방법원 2017.05.12 2017고합275
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as the director of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) in Jongno-gu Seoul Metropolitan Government C Building 1815, was in charge of accounting, fund, general affairs, etc.

E, the representative director of the victim company, withdrawn the provisional payment under the name of the defendant, who is his own external village, and used it as entertainment expenses to secure customers, etc., and by establishing the so-called "F"com on Red bean, and transferred the funds of the victim company to F for the purpose of purchasing snow materials.

While taking charge of the above provisional payment withdrawal, fund transfer, etc., the Defendant was willing to withdraw the funds of the victim company for personal consumption by withdrawing them from the victim company on the pretext of provisional payment, purchase cost of temporary re-payment, etc.

On April 18, 2006, the Defendant, at the office of the victim company, withdrawn KRW 3,000,000 from the Defendant’s public funds in the course of performing his duties under the name of the Defendant’s provisional payment, and used them in mind for personal purposes, from that time to November 10, 2008, withdrawn KRW 1,083,90,260 in total over 141 times as shown in attached Table 1, as in attached Table 1, from that time to November 10, 208, and used them for personal purposes, such as entertainment expenses and investment funds.

On June 20, 2007, the Defendant transferred USD 7,000 to F for the purpose of purchasing snow at the office of the victim company, and used it for personal purposes, such as entertainment expenses and investment funds, from that time to June 27, 2008, after again receiving the money from the Defendant to the Defendant’s foreign exchange bank account, and using it in mind for personal purposes. From June 27, 2008, the Defendant transferred USD 706,642.90 (the amount equivalent to USD 685,07,057) over 22 times as shown in attached Table 2.

Accordingly, the defendant has embezzled a total amount of 1,768,986,317 won of the company's total sum of funds owned by the victim company over a total of 163 times.

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