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(영문) 의정부지방법원 고양지원 2016.06.24 2015고합58
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2015 High 58” from February 1, 2010 to January 2014, the Defendant is a person who, as accounting for the management (ju) of victims D in Mapo-gu Seoul Metropolitan Government, from January 1, 2014 to July 1, 2014, performed the duties of managing money owned by the victim for the sake of the victim.

On July 1, 2014, the Defendant: (a) transferred KRW 2,001,00 to the Agricultural Cooperative Account (Account Number J) in the name of the Defendant’s name and arbitrarily used for living expenses; and (b) transferred KRW 1,123,684,604 over 980 times from February 16, 2010 to the Defendant’s account or the Defendant’s creditor’s account to embezzlement for business financing; (c) transferred KRW 413,817,067 on the same day to the Defendant’s account or the Defendant’s creditor account; and (d) acquired profits equivalent to the difference by remitting it to the victim’s account.

In addition, on June 23, 2014, the Defendant arbitrarily withdrawn and embezzled KRW 231,00 from the above account to use the cash card in the national bank account in the above H’s name, and then arbitrarily withdrawn KRW 115,638,90 over 293 times from January 2, 2012 to around the above time, as shown in Table 2 of the List of Crimes.

As a result, the Defendant arbitrarily transferred or withdrawn KRW 1,239,323,504 while keeping money owned by the victim for business purposes, and embezzled KRW 413,817,067 on the same day, and acquired benefits of KRW 825,506,437, which is equivalent to the difference.

On October 1, 2014, the Defendant: (a) at the office of the “L” company located in K located in Eunpyeong-gu Seoul Metropolitan Government on October 1, 2014; and (b) at the victim M ( South and 40 years of age) to receive money from Jeonnam; and (c) under the name of living expenses.

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