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(영문) 창원지방법원 2019.07.18 2019고합37
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From November 2003, the Defendant worked as a staff member in charge of D's accounting of the victim C's operation in Kimhae-si from November 2003, and was in charge of the victim's entry, withdrawal, and management of funds.

around June 27, 2007, the Defendant kept six accounts, such as the E bank account in the name of the victim in the course of performing his duties, an authorized certificate, an OTP card, etc., and transferred KRW 5 million of the victim’s funds from the bank account (F) in the name of the victim in the name of the defendant to the account in the name of the defendant, and used the victim’s funds for personal purposes, such as living expenses, etc. at the Changwon city around that time, and from the above date to December 15, 2017, the Defendant transferred the victim’s funds from five accounts in the name of the victim in the name of the victim in the course of his duties to the account in the name of the defendant, to the account in the name of the defendant, and transferred the victim’s funds from the above date to December 15, 2017, No. 61 of the attached list of crimes (the number No. 11,61, and 106 annually, which were dismissed by the prosecutor’s cancellation and decision.)

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement of C;

1. A complaint;

1. Each investigation report (as to the adjustment of the A Embezzlement details, as to the statement of account transfered by the suspect, as to the attachment of the criminal suspect AH bank account transaction statement, as to the attachment of the criminal suspect AH bank account transaction statement, as to the attachment of the criminal suspect A's account transaction statement, as to the attachment of the suspect's husband G account under the name of her husband, and as to the attachment of the suspect's husband G account);

1. Application of Acts and subordinate statutes on account transactions;

1. The provision of relevant laws concerning criminal facts;

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