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(영문) 수원지방법원 안산지원 2017.06.29 2017고합84
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from September 2006 to April 2015, worked as the director in charge of accounting of the victim E corporation in Ansan-gu, Ansan-si, the division of accounting division, and was engaged in the business of operating and managing the funds of the said victim company.

When managing the funds of the victim company through Internet banking, the Defendant used the fact that the recipient could arbitrarily enter in the transfer of the funds to the Internet banking, with the Defendant’s name account, etc., in order to embezzled the funds of the victim company by arbitrarily stating the payee’s column as if the funds are transferred to the transaction company of the victim company.

On November 12, 2008, the Defendant voluntarily remitted KRW 182,80,00 of the funds of the victim company to the new bank account (G) account under the name of the victim company, using Internet banking, and voluntarily recorded in the payee column under the name of the Defendant, and embezzled KRW 1,422,709,978 in total for 520 times from around that time to January 20, 2015, such as the statement in the list of crimes in attached Table 520 as in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. The details of the account transactions in E, each NA Account Statement (A), each new bank account Statement (A), each copy of the passbook (I), and the application of the laws and subordinate statutes in J;

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act concerning the relevant crime;

1. Scope of applicable sentences under law: Three years to thirty years; or

2. The scope of the recommended punishment according to the sentencing guidelines [types] 3 types of embezzlement (the amount of profit is at least 500 million won but less than 5 billion won) / 2 years to 5 years (the scope of the recommended punishment).

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