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(영문) 서울동부지방법원 2017.11.23 2017고합224
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From January 201 to December 201, 2016, the Defendant, as the customer support team leader of the victim E-company, a company selling branch articles in Jung-gu Seoul Metropolitan Government, has been engaged in overall control over the order of the said company, the delivery of goods, the closing of purchase and sales, etc.

On May 4, 2011, the Defendant supplied the goods of the instant category owned by the Defendant to “H” operated by GF in Daegu-gunF, and then received KRW 7,318,200, a part of the price of the goods, from the Defendant’s national bank account under the name of the Defendant, and embezzled them for personal purposes, such as repayment of the Defendant’s loan obligations and gambling funds.

From around that time to April 25, 2016, the Defendant received a total of KRW 849,622,775 by the same method over a total of 69 times as indicated in the list of crimes in the attached Table of crimes, and stated that the facts charged in KRW 571,680,683 were embezzled, but as seen thereafter, the Defendant excluded this part from the crime of embezzlement inasmuch as the amount of KRW 277,942,092 is not established.

B, while having been kept in business for the victim company as the price for the goods, the goods were embezzled for personal purposes as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police to J;

1. An investigation report (in addition to a document of defective inventory loss), an investigation report (a suspect G telephone statement related to the remittance of the branch price), an investigation report (a suspect G data submitted by the suspect G);

1. Report on the financial audit results of E Co., Ltd.; computerized screen on the current status of H/h sales and receipts/iffs, electronic tax invoices, payment notes, electronic tax invoices, bills of payment, goods bills, G passbook transactions, general account statement, tax account statement, Defendant company bank account transaction details, Defendant company bank account transaction details, Defendant Han Bank account transaction details, Defendant Han Bank account transaction details, Defendant Nonghyup Bank account transaction details, G.

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