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(영문) 창원지방법원 2019.02.12 2018고합242
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, for two years from the date this judgment becomes final and conclusive against Defendant A.

Reasons

Punishment of the crime

Victim D Co., Ltd. (the representative E; hereinafter referred to as "victim D Co., Ltd.") is a corporation mainly engaged in production, such as malmarum.

Defendant

A is a person who was employed by the injured company in July 2006 and was retired from office around June 13, 2014. Defendant B is a person who was employed by the injured company and served as an accounting officer around June 9, 2008, and retired on March 20, 2018. Defendant C is the husband of Defendant B.

1. Defendant A embezzled KRW 51,269,228 in total on four occasions between March 7, 2013 and around March 7, 2013 as indicated in the attached Table 1 of the crime committed by Defendant A, in order to receive the long-term outstanding amount in sales, Defendant A, while proceeding civil litigation, such as an order for payment to the relevant company and an application for provisional attachment of goods, he/she received deposit money from the competent certified judicial scrivener after the completion of the relevant litigation. Defendant A embezzled Defendant A’s mother of Defendant A from a certified judicial scrivener in his/her name in the damaged company office located in Kimhae-siF to the H association account in his/her name (Account No. 1).

2. Defendant A, Defendant B, and Defendant B, who had been under their custody, committed the joint principal offense by opening a J bank account (Account Number K) in the name of the victimized company in the name of the victimized company other than the designated corporate revenue accounts by using the seal impression, the certificate of the personal seal impression, and the power of attorney, with the intent to use the victimized company’s money in division by collecting the money from the clients.

On May 21, 2013, the above Defendants conspired to deposit KRW 30,958,550 from the business partners of the victimized company with the account established in the above office of the victimized company and embezzled it.

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