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(영문) 청주지방법원 2016.09.30 2016고합105
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From January 21, 2010 to June 30, 2015, the Defendant, as the vice head of the finance division of the Plaintiff Company E (F from July 20, 2006 to July 5, 2015: hereinafter “victim Company”), has been engaged in general affairs such as accounting, accounting, and finance of the Victim Company.

The Defendant, at the office of the above victim company around August 16, 2013, kept 100,000 won on behalf of the victim company in the business bank account (G) in the name of the above victim company for the payment of goods in the name of the goods, etc. to the business partner of the above victim company, while employed by the victim company.

In the ERP program, the account of “tax-free deposit deposit” was prepared and kept on the side, and the account was prepared and kept on the behalf of the account, respectively, and the above KRW 100,000,000 was transferred to the virtual securities account (H) of national bank in the name of F Co., Ltd. that was managed by the Defendant prior to the deposit, and the said KRW 100,000,000 was remitted to the Agricultural Cooperative (I) in the name of F Co., Ltd. that was managed by the Defendant again, and then used the said KRW 100,000,000 for personal use, such as living expenses, from the Agricultural Cooperatives located in Sinsi-si, Sin-si on the same day.

In addition, the Defendant consumed the total amount of KRW 658,878,979 on 14 occasions from August 23, 2011 to February 13, 2015 for personal purposes, such as living expenses, in mind, as indicated in the list of offenses.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police and confirmation by the J against the J;

1. The entire certificate of registered matters, each pre-statement (Evidence No. 4, 7, 9, 11, 21, 31, 33, 35, 37, 39, 41, and 43 in the evidence list), each deposit transaction statement (Evidence No. 5, 8, 10, 12 in the evidence list), ERP ID status, transaction statement, and each financial transaction statement (Evidence No. 32, 34, 36, 38, 40, 42, 444 in the evidence list).

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