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Reasons
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(영문) 인천지방법원 2019.05.28 2018고합834
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

When the Defendant, who was in charge of accounting in the victim B and C, a corporation, and the victim C, actually independently carried out the collection of funds, the Defendant arbitrarily withdrawn the victims’ money and raised his mind to use it as the Defendant’s stock investment, etc.

1. Embezzlements for victims C, an incorporated association;

A. On July 21, 2017, the Defendant had access to the Internet banking of corporate banks in the building of Gwangju Nam-gu and the office of the above corporation B in subparagraph e, and embezzled KRW 40 million from the account of the victim’s corporate association that the Defendant managed in the course of its business by arbitrarily transferring the amount of KRW 40 million to the company bank account of the above corporation B.

B. On May 4, 2018, the Defendant: (a) arbitrarily transferred KRW 40 million from the account of the Victim Incorporated Association C to the Defendant’s F bank account in the foregoing manner at the above place; and (b) embezzled it.

2. On August 9, 2017, at the place indicated in paragraph (1) of the same Article, the Defendant embezzled KRW 2,135,50,079, totaling KRW 17 times from around that time to July 12, 2018, by arbitrarily transferring KRW 2,135,50,079 from the victim B’s corporate bank account in the victim B to the Defendant’s G account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. A written complaint filed by B and C (Evidence No. 8) by a stock company;

1. Application for coal (No. 9 No. 1) prepared by I;

1. Application of details of transactions and Acts and subordinate statutes governing account transactions;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the embezzlement of C, an incorporated victim of the crime: Articles 356 and 355 (1) of the Criminal Act, which provides for the embezzlement of victim B, a corporation: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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