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(영문) 의정부지방법원 고양지원 2016.07.01 2015고합274
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From November 14, 2003 to July 10, 2013, the Defendant is the representative director of the Victim F Co., Ltd., Ltd. (G after the change) located in Geumcheon-gu Seoul Building No. 1, Geumcheon-gu, Seoul, who is in charge of the management and custody of the funds of the said company.

On May 26, 2009, the Defendant pretended that H had paid H wages even though he had not been employed by the company as a franchise related to the development of the program at the above company, and had the accounting staff in advance possessed 4,835,000 won as H’s salary.

H directed a national bank account (Account Number I) in the name of H to transfer, and received and used 536,685,000 won of the above company's money from around the above time to April 25, 2013 in the same manner as stated in the list of crimes in the attached list of crimes, from the above time to April 25, 2013.

Accordingly, while the defendant kept the company's funds on behalf of the above company, he embezzled the funds by the above method.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of K Witness;

1. A protocol concerning examination of the police concerning L;

1. Statement statement made to K by the police;

1. A complaint filed against G prepared company;

1. Each investigation report (referring to the investigation by reference witnesses, and hearing of statements by former accounting staff members by telephone);

1. Application of a certified copy of the corporate register, details of passbook transactions, statement of benefit transfer, fact confirmation, ledger of each account, suspect and L's account transaction statement (entry and withdrawal details), a contract for acquisition of stocks and management rights, a statement of transaction, a statement of transaction, and a statement of benefits and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of punishment by law:

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