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(영문) 서울중앙지방법원 2015.02.11 2014고합807
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

The Defendant, from September 2006 to April 2010, has been engaged in the business and fund management of the company as a flexible coal mine business entity PT.J (hereinafter “J”) located in Indonesia PT (representative auditor).

1. On August 11, 2008, the Defendant entered into a “L service” agreement with K and the service payment amount of KRW 800 million at the victim’s J office in Indonesia (Indonesia), with the intent of embezzlement of company funds by taking advantage of the difference between the exchange rate between Han and U.S. dollars, and the above K and the service payment amount of USD 80,000 separately was written.

After that, from September 18, 2008 to January 2009, the Defendant withdrawn USD 180,816 (a total of approximately KRW 222,550,000) from the legal account of the victim J from September 18, 2008, and consumed it for personal purposes, such as entertainment, in Indonesia at the same time.

In this way, the defendant embezzled the property of the victim company.

2. Around February 10, 2010, the Defendant embezzled 2.5 billion U.S. (hereinafter “the Defendant”) withdrawn 2.5 billion U.S. dollars from the corporate account of the victim company in Indonesia, which the Defendant managed on behalf of the victim company, in mind, from the corporate account of the victim company that the Defendant managed on behalf of the victim company and consumed it for personal purposes, such as living expenses, in Indonesia at that time.

In this way, the defendant embezzled the property of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness M in court;

1. K’s English service contract, K’s Korean language service contract, report, bank transaction record, account payment certificate, response, A’s embezzlement-5 of the K K service contract price, passbook copy, receipt details, note, etc., e-mail as of November 4, 2008, contract with P, e-mail as of January 22, 2010 and (1) as of November 28, 2008; and (3) as of November 4, 2008, Nov. 5, 2008 (4).

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