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(영문) 서울중앙지방법원 2015.07.10 2013고합1142
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the charge of obstruction of the performance of justice is acquitted.

Reasons

Punishment of the crime

The Defendant, as a manager of Victim D Co., Ltd. (hereinafter referred to as "victim D Co., Ltd.") (hereinafter referred to as "victim D Co., Ltd.") in Vietnam, operated with C and Dong businesses, was in charge of the operation and fund management of the victimized company.

On August 8, 2011, the Defendant had the accounting staff E of the victimized Company E withdraw approximately KRW 7,330,000,000,000,000 from the corporate account of the victimized Company established in Vietnam, a principal bank of the said Company (hereinafter “victim Corporation account”), and then received it and kept it for the victimized Company, and subsequently used it for personal purposes in Vietnam and China around that time.

그 밖에도 피고인은 2011. 6. 6.부터 2011. 8. 1.까지 사이에 19회에 걸쳐 같은 방법으로 별지 범죄일람표 순번 1 내지 19 각 기재와 같이 피해회사의 자금 베트남화 50억 3,295만 동 공소장 기재 별지 범죄일람표 순번 10의 인출일시와 횡령액이 ‘2011. 6. 29.’, ‘베트남화 129,500,000동’으로 각각 기재되어 있으나 C의 진술 및 비엣콤뱅크 거래내역-1, 2에 비추어 보면, ‘2011. 6. 6.’, ‘베트남화 102,950,000동’의 오기임이 명백하다.

Before having kept approximately KRW 260,220,000,000,000,000,000,000,000 for personal purposes, ( approximately KRW 42,88,00,00) arbitrarily consumed and embezzled it for personal purposes.

Summary of Evidence

1. Entry of the accused in part of the trial records in the first and seventh trial records;

1. Entry of a witness C in the third protocol of the trial, and entry of a witness F in the fifth protocol of the trial;

1. Each protocol of examination of partial police officers against the accused (including the statement section 2, 3, 5, and C);

1. Statement by the police about C (six times);

1. Each statement E and C (No. 250 pages of investigation records);

1. Each investigation reporter and complainant, listen to and report on telephone conversations, filing of an application for opening of an account, details of field expenditure, attachment of tax law to Vietnam, and field expenditure on computer storage.

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