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(영문) 대구지방법원 김천지원 2017.02.07 2016고합154
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for four years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From July 24, 200 to March 31, 2016, the Defendant is a person who takes charge of money exchange and money receipt and disbursement from the victim F Co., Ltd., Ltd., Ltd., located in the Gu, Si, Si, and has kept the Daegu Bank Account (Account Number: G, H), and corporate bank account (Account Number: I) in the name of the victim company.

On July 10, 2013, the Defendant deposited the said Daegu Bank Account (Account Number: G) in the business division of the Daegu Bank in the name of the victim company at the business division of the Daegu Bank located in 116 (dong of the Corporation) as the export of the Gu-U.S. Si around 10.

After converting USD 35,00 into KRW 39,64,50,000, the Defendant embezzled KRW 2,158,349,051 in total by arbitrarily depositing the funds of the victim company into the said Daegu Bank Account in the name of the Defendant from July 10, 2013 to March 31, 2016, as shown in the separate crime list, from July 10, 2013 to around 68 times, as shown in the separate crime list, and consuming KRW 2,158,349,051 in total by consuming the amount of funds of the victim company into the said Daegu Bank Account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (to attach data on accounts of the FF stock company that submits a complainant, to attach data on account accounts of the complainants), and the details of fund management by date of payment of foreign exchange accounts, the details of automatic transfer of the won currency account, copies of the previous sheet, and the details of account statement by account;

1. Application of Acts and subordinate statutes to a complaint, a certificate of all the matters to be registered, a detailed statement of withdrawal by date of each year, inquiry of transaction details, a copy of a request for payment of foreign currency deposit, a copy of each previous sheet, and details

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. The crime of this case on the grounds of sentencing under Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation is committed by the defendant, who is in charge of the recovery and the disbursement and receipt of funds of the victim company, and at least KRW 2.1 billion of the funds of the victim company 68 times every 2 years and 8 months.

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