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(영문) 수원지방법원 2017.09.07 2017고합413
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor of three years and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

Defendant

A worked as an employee in charge of accounting of victim F Co., Ltd. (hereinafter “victim”) in Suwon-si E and 712 from October 18, 2009 to February 20, 2017, and Defendant B is the spouse of Defendant A who reported the marriage with Defendant A on October 2, 2012.

1. Defendant A [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)] managed the passbook, password of passbook, and OTP (Security Cards), etc. of a victimized company, the Defendant was gathered and reported to G, the representative director of the victimized company, when the cause of expenditure occurred, such as office operating expenses, employees’ benefits, and materials and expenses related to the construction, etc., and the amount below KRW 10 million was transferred from the victimized company’s account to the payee’s account directly through Internet banking. At least KRW 10 million, the Defendant prepared a bank withdrawal slip, signed the bank withdrawal slip, signed the company withdrawal slip, signed the company withdrawal slip, signed the company withdrawal slip, signed the company withdrawal slip, affixed the company’s seal to the payee’s account before withdrawal, and intended to embezzled the damaged company’s funds by transferring the company’s funds to the Defendant or B’s account.

The Defendant at the above victim company office around February 11, 201, arbitrarily remitted KRW 880,00 from the bank account (H) in the name of the victimized company to the bank account (I) in the name of the Defendant, and embezzled it by using it individually, and as shown in attached Table 1, from that time to October 27, 2016, KRW 238,781,598 over 150 times in total, as shown in attached Table 1, from July 5, 2013 to August 24, 2016, up to KRW 22,00,50,000 over three times in total, from October 21, 2010 to October 24, 2016; and KRW 361,000 up to 10,000 up to 20,000 up to 20,000,000 up to 30,016.4, 2016.

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