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(영문) 인천지방법원 2014.01.16 2013고합703
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative director of a corporation C (hereinafter referred to as "victim company") that aims to assist in soil transportation and brokerage business, who keeps the funds of the victim company in the course of business.

1. On January 10, 200, the Defendant, at around 16:28, at the office of the victim company located in Yeonsu-gu Incheon, Yeonsu-gu, and 103, had the accounting staff belonging to the victim company transfer KRW 7,00,000 belonging to the victim company to the defendant's bank account (E) bank account, and then used the bank account transfer to G, a monetary trader of F, who is the defendant's birth, and embezzled it for personal use. From around that time to July 16:29, 2009, the Defendant embezzled KRW 106,73,370, total amount of the funds of the victim company 28 times in total, as shown in the list of crimes 1, from that time to July 29, 2009.

2. At around 11:21 on June 30, 201, at the same place as indicated in Paragraph (1) and paragraph (1), the Defendant: (a) had an accounting employee of the victim company transfer KRW 500,000 to the account of the Defendant’s wife I; (b) had I use the said KRW 500,000 for personal purposes; (c) used the said KRW for personal purposes; and (d) embezzled and embezzled the funds of the victim company for a total of 26 times from around that time to February 13, 2013, as indicated in Attached Table 2, from around 26 to around February 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and F;

1. The application of the details of payment of corporate funds, the details of payment of each transaction, and the Acts and subordinate statutes governing payment certificates of educational expenses to the suspect A (I) by the C corporation, each of which is paid to the corporation funds from the C corporation;

1. Articles 356 and 355 (1) of the Criminal Act, comprehensively including relevant Articles of the Criminal Act and the choice of punishment for the crime;

1. The victim company under Article 62 (1) of the Criminal Act in the suspension of execution;

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