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(영문) 서울서부지방법원 2019.10.17 2019고합235
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

around March 21, 2016, the Defendant was employed as a financial team agent of the victim C Co., Ltd. in Songpa-gu Seoul, and was engaged in the business of fund management of the victim C Co., Ltd. in managing authorized certificates and OTP from that time. On January 19, 2017, the Defendant was engaged in the business of fund management of the victim D Co., Ltd. after the victim D Co., Ltd., a subsidiary of the said victim Co., Ltd., was established and engaged in the business of fund management of the victim Co., Ltd. from the same method until May 20

1. Around January 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) used a total of KRW 635,139,040 in total by 199 times in total, as shown in the attached Table (1) from around the time to May 10, 2019, after transferring KRW 8,000 to the Defendant’s G bank account (Account Number: 183 pages) in the name of the victim CF bank account in the name of the Defendant at the victim CF office in Songpa-gu Seoul, Songpa-gu, Seoul, to transfer the amount of KRW 8,000,000 in the name of the Defendant’s GF bank account (Account Number: 183 pages of evidence record).

As a result, the Defendant embezzled total sum of KRW 635,139,040 in violation of occupational duties.

2. Around February 23, 2018, the Defendant: (a) transferred KRW 3,950,000 of the deposit in the account (Account Number: J) held by the Defendant in the name of the G bank account under the name of the Defendant (L: 183 pages of evidence records) in the name of the Defendant; (b) around that time, the Defendant used the deposit for personal purposes, such as entertainment expenses, from Japan in Seoul Si to April 1, 2019 in total three times in total, such as the list of crimes in attached Form 13,147.

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