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(영문) 서울서부지방법원 2021.01.14 2020고합257
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant, as the representative director of the Victim Security Program Co., Ltd. (hereinafter referred to as the “victim Co., Ltd.”) that imports computer security programs [one name B] from French Co., Ltd. and sells them to domestic financial companies, radio operators, etc., is a person in charge of overall management of the victimized Co., Ltd., such as the management, technology and fund management.

The defendant, who purchased a personal computer, transferred money from the damaged company's account where the damaged company's public fund is kept in the name of the price for goods to the account of the Dispute Resolution E, with the pretend that there was actual commodity transaction with the company selling the company's own computer, and he was willing to arbitrarily use the remaining money after deducting a certain fee (20-25%) from the Dispute Resolution E, after receiving a refund in cash from the Dispute Resolution E.

On December 31, 2012, the Defendant transferred the amount of KRW 12 million to the J bank account (K) in the name of the victimized company in the name of the K Bank account in the name of the K Bank in the name of the K Bank in the name of the K Bank in the name of the K Bank in the name of the K Bank in the name of the K Bank in the name of the K Bank in the name of the K Bank in the name of the K Bank in the case of no transaction of goods, such as a server system, at the office of the damaged company located in the Guro-gu Seoul Building and G, and used the amount of KRW 1,40,000 for personal use, such as personal card payment, living expenses, etc., over 147 times in total, as described in the attached list of crimes, from around that time to July 14, 2020.

Accordingly, the Defendant embezzled the total amount of KRW 1,404,998,000 owned by the damaged company while on duty for the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. A police statement statement statement of the defendant against the prosecutor's office in the interrogation protocol of suspect interrogation [the J bank account in the name of the K bank in the Dispute Resolution D], a investigation report on the deposit and withdrawal transaction (the J bank account in the name of the defendant) [the on-site investigation of the L of the Dispute Resolution and the statement of witness].

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