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(영문) 서울중앙지방법원 2016.06.10 2016고합58
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On January 8, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes and the judgment became final and conclusive on April 23, 2015.

[2] The Defendant, from December 16, 2007 to November 30, 201, worked as the head of the management support headquarters of the Victim E Co., Ltd. (hereinafter “E”), and was in charge of the financial affairs of the said Victim Co., Ltd. and its affiliate companies (hereinafter “F”).

1. A defendant who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was placed in the said new bank account for personal purposes while he/she was on his/her duty and was in the said new bank account for personal purposes at the location of a new bank located in several buildings in Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, Seoul, at the point of the other side of the terminal financial center in the name of victim E at the point of a new bank in the name of the victim E (Account Number) on February 13, 2008;

50 million won was transferred to the Korean Cit Bank account (Account Number: H) in the name of the defendant.

In addition, from that time until July 19, 201, the sum of 2,98,00,000 won of the funds of the victim company was arbitrarily transferred or withdrawn from the check five times, such as (1) the list of crimes in attached Form 1.

Accordingly, the defendant embezzled the property of the victim company that was under custody in the course of business.

2. On December 27, 2010, the Defendant: (a) the Defendant: (b) deposited KRW 39,723,967 deposited in the victim F’s foreign exchange bank account (Account Number: I) at the point south of the foreign exchange bank located on the Seocho-gu Seoul Seocho-gu branch on December 27, 2010; (c) the Defendant was in the account of the E employee J for personal purposes while on his/her duty keeping for the victimized subsidiary;

After allowing the withdrawal of KRW 39,600,000 as a check, the check was received and used arbitrarily.

In addition, from that time until December 30, 2010, the sum of the funds of the victim company is KRW 139,600,000 on two occasions, such as the list of crimes in attached Form 2.

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