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(영문) 서울중앙지방법원 2015.06.26 2014고합1448
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from around 2003, served as the representative director of E Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) for the purpose of credit business, etc. and is engaged in the business of fund management of the Victim Co.

1. The defendant's wife F, the defendant's wife G, the defendant's wife G, and the defendant's son H are registered on the victim's company's audit or director registry, but did not actually work for the victim company as the auditor or director.

Nevertheless, between February 20, 206 and December 20, 2012, the Defendant embezzled funds in custody of the Victim Company’s SC Bank account (Account Number: I) with F’s SC Bank Account (Account Number: J), etc. totaling KRW 361,117,460, G SC Bank Account (Account Number:K) as shown in attached Table 1, as shown in attached Table 2, as shown in attached Table 2, with a total of KRW 226,089,510, and H’s SC Bank Account (Account Number: L) with the sum of KRW 174,159,00, total amount of KRW 761,365,970, as shown in attached Table 3.

2. On March 20, 2006, the Defendant voluntarily transferred KRW 537,135,660,00 in total to the Defendant’s personal account including the said account from the Defendant’s SCB bank account (Account Number: I) to the Defendant’s SCB bank account (Account Number: M). From that time to October 24, 2012, the Defendant voluntarily transferred KRW 537,135,660 in total to the Defendant’s personal account including the said account.

The Defendant returned KRW 307,302,027 out of the above transfer amount to the account of the victim company again, but the remaining KRW 229,83,633,633 did not deposit into the account of the victim company and was managed by himself and used for the personal purpose, but did not appear to handle it as cash disbursement and use for the business of the company.

Accordingly, the Defendant is out of the above 29,833,633 won between July 2006 and December 2012.

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