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(영문) 울산지방법원 2016.02.18 2014고합302
특정경제범죄가중처벌등에관한법률위반(횡령)
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Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 29, 2014, the Defendant was sentenced to one year and six months of imprisonment for an occupational breach of trust at the Ulsan District Court, and the said judgment became final and conclusive on March 30, 2015.

【Criminal facts】 The Defendant is the victim D Co., Ltd. (hereinafter “victim”) located in Yangsan-si from January 10, 2003 to February 10, 2014

) A person who works as an accounting officer and has been engaged in accounting affairs, such as the purchase, sales, and corporate card management of the victim company.

Around January 14, 2008, the Defendant received KRW 7,236,870 from the above victim company office to June 21, 2013, a transfer of KRW 2,826,117,73 of the victim company's business funds to the above company bank account from around the above day to June 21, 2013, and then arbitrarily used KRW 721,178,194 for personal purposes of the victim company for the defendant's business during the period of custody for the victim company, and voluntarily disbursed KRW 7,236,870 from the above company's bank account under the name of the defendant in his business to the company's account under the name of the defendant, and then voluntarily disbursed KRW 4,00,000 to the company's account under the name of the defendant from around the above day to June 21, 2013 to the above company's account under the name of the defendant from around 25, 2013.

Accordingly, the Defendant embezzled the sum of 903,400,449 won of the funds of the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. Statement made by the prosecution with regard to H;

1. A complaint filed for G production;

1. A statement of transaction in D Juristic Account (Evidence No. 128, 144 pages of evidence), bank transaction application, account transaction statement, account transaction statement under a suspect’s name, account transaction statement in D Co., Ltd., and a statement of transaction in D Account (Evidence No. 430, 438, 450, 451, 455 pages of evidence).

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