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(영문) 부산지방법원 2013.07.05 2013고합78
특정경제범죄가중처벌등에관한법률위반(횡령)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

around October 16, 2001, the Defendant joined the Victim C Co., Ltd. (hereinafter “victim”) and served as the head of the Daegu Branch Management Division from October 16, 2001, and has been in charge of finance, personnel management, purchase of company sites.

1. On March 30, 2002, the Defendant embezzled the amount of KRW 30 million,00,000,000, which was paid as the rental cost of the company house from the victim company at Daegu-gu Daegu-gu Branch, Daegu-gu, Inc., Ltd., and embezzled it by consuming it for personal use around that time, notwithstanding the fact that the Defendant had to use it for its original purpose or return it to the victim company.

2. The defendant was in mind to use the purchase price received from the victim company for personal purposes by advertising that the victim company requires the parking lot in Daegu branch, and thus entrusting the purchase to the defendant.

On January 31, 2002, the Defendant entered into a contract to purchase KRW 597 million with F from the owner of the land located in Junggu-gu E on January 31, 2002. On May 10, 2002, the Defendant spent KRW 70 million among them for personal purposes after receiving payment from the victim company as the down payment on May 10, 2002. On May 17, 2002, the Defendant used KRW 150 million for intermediate payment for personal purposes around that time while receiving payment from the victim company. On May 30, 2002, the Defendant voluntarily consumed KRW 37 million for personal purposes, such as consuming KRW 57 million for personal purposes around that time.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint;

1. Each real estate sales contract (a factual contract, a false contract), each disbursement sheet (a gold of KRW 120 million, a gold of KRW 170 million, a gold of KRW 150 million, a gold of KRW 150 million, and a gold of KRW 37 billion), respectively;

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