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(영문) 서울북부지방법원 2018.01.19 2017고합452
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From December 12, 1999, the Defendant served as the head of the management office in the victim C (State) located in Seoan-gu, Seoan-si, Seoan-si, and kept the passbook and seal of the D Saemaul Treasury E and F account in the name of the victimized company, and was engaged in the affairs in charge of accounting and fund execution.

On January 3, 201, the Defendant voluntarily released KRW 1 million from the above D Saemaul Credit Cooperative E account at the Hancheon-si around January 3, 201, and used it as personal living expenses, etc. from around that time to May 12, 2016, and then voluntarily disbursed KRW 2,100,315,260 in cash from the above corporate account to the above corporate account from around 526 times, as shown in the list of crimes in the attached Table, and then arbitrarily used KRW 1,03,415,193 for the damaged company, such as corporate tax, insurance premium, etc., and used KRW 1,06,90,067 in daily living expenses, personal debt repayment, etc.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G, H and I;

1. Books, details of use of expenses, certificates of deposit confirmation, membership and transaction applications (C and D Saemaul Treasury), and notices, receipts, etc. of deposits without passbook;

1. Details of each account (the list of evidence Nos. 8, 9, 10, 11, 25, 28, 32, 42, 49, 54);

1. Each investigation report (as a result of the analysis of an account in the name of the accused, the confirmation of a borrowed account related to the suspected fact, and the integration of account transactions);

1. Determination as to the assertion by the defendant and his defense counsel as to the pertinent criminal facts under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355(1) of the Criminal Act

1. Although among the accounts in the name of the company that suffered the gist of the assertion, the D Saemaul Treasury E account (hereinafter “E account”) was voluntarily withdrawn and embezzled, the D Saemaul Treasury F account (hereinafter “F account”) was only withdrawn under the direction of G, the former representative director J and at the time, and the representative director G at the time, and the Defendant did not arbitrarily withdraw and consume.

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