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(영문) 수원지방법원 성남지원 2014.03.27 2013고합216
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

The defendant is the representative director of the FF corporation located outside the Philippines.

On September 6, 2011, the Defendant entered into a contract with the director I of H, a company manufacturing slot machines operated by the Victim G (hereinafter “victim company”). On behalf of the Victim G, F Co., Ltd. entered into an exclusive sales agency agreement (Exclus) under which F Co., Ltd. would provide exclusive delivery of slot machines manufactured by the Victim Company to the State, business, and business, in the Republic of Korea on behalf of the Victim G.

Since then, on February 28, 2012, the victim company entered into a contract on the test use of 96 slot machines with the defendant as a broker, and entered into a contract on the supply of 96 slot machines to the 1,792,600 US dollars (1.8 billion US dollars or more) around August 9, 2012 when the contract on the test use expires.

On January 4, 2013, the Defendant received and retained 90,000 US dollars 1,596,667 (Korean Won KRW 1.88 billion) from Pacific Co., Ltd. to F’s account. Around that time, the Defendant deposited US$ 250,00 in his/her account in his/her name, and deposited US$ 690,00 in his/her account in his/her name, and deposited US$ 5,000 in his/her residence, and stored US$ 5,596,67 (Korean KRW 1.88 billion) in his/her name.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement of the defendant in the third protocol of trial;

1. Statement I in the second written protocol of examination of the accused by the prosecution against the accused;

1. A copy of the monopoly shop sales agency contract, the appearance of pago equipment and the use contract, the special delegation document and the copy of the purchase contract;

1. Application of US$ photographs and Acts and subordinate statutes governing passbook photographs;

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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