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(영문) 창원지방법원 2017.04.20 2017고합36
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was an accounting employee of the Victim F Co., Ltd., Ltd. (hereinafter “victim Co., Ltd.”) in Changwon-gu from March 12, 2012 to August 20, 2016, engaging in the said company’s fund management and disbursement.

A. On June 7, 2012, the Defendant transferred KRW 1,00,000 to the company’s bank account (G) account in the name of the above company’s representative director H to the company’s account (G) at the victim company’s office, and then withdrawn KRW 1,00,000 from the office of the said company’s representative director H and used it for personal purposes around that time. From that time until July 29, 2016, the Defendant used KRW 488,860,000 for a total of 114 times, as shown in attached Table 1, as in the list of crimes.

B. On July 16, 2012, the Defendant deposited KRW 1.3 million, excluding KRW 700,000,000,000,000,000,000, in the company’s account in the company’s corporate bank account at the branch of Changwon-si, Changwon-si, and deposited it into the company’s own agricultural bank account (J) with the exception of KRW 7,00,000,000,000,000,000,000,000 from that time, withdrawn it and used it for personal purposes as well as from June 25, 2013.

Accordingly, the Defendant embezzled 530,8470,000 won of the funds of the victim company in occupational custody.

2. The Defendant, as an employee in charge of occupational breach of trust, was engaged in business corrosion and oil non-payment as an employee in charge of accounting of the victim company, and was in custody of two credit cards in the name of the victim company for food and oil non-payment.

The Defendant had a duty to use credit cards under his/her own custody for the performance of the company’s business, such as food and oil expenses, etc.

Nevertheless, the defendant is guilty.

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