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(영문) 서울서부지방법원 2018.10.24 2018고합128
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

To the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

From March 5, 2010 to August 5, 2017, the Defendant served as the management team leader of the Seoul Mapo-gu Seoul Mapo-gu and the third level of cosmetics operated by E, and was engaged in overall management of the accounting, accounting, fund management, general affairs, and business management of the said company.

1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Occupational Embezzlement);

A. On June 28, 2010, the Defendant: (a) transferred KRW 330,00 from the victim’s account (Account Number: H) to the Korean bank account (Account Number) in the name of the victim while he/she kept the victim’s corporate account, etc. in his/her office in Mapo-gu Seoul, Mapo-gu and 3th floor; and (b) transferred KRW 330,000 from the victim’s account (Account Number: H) to the victim’s personal purpose, such as living expenses.

In addition, from around that time to August 23, 2017, the Defendant embezzled KRW 329,763,183 in total from the account in the name of the victim to the account in the name of the Defendant by transferring the total amount of KRW 329,763,183 from the account in the name of the victim to the account in the name of the Defendant, as shown in attached Table 1.

B. On March 22, 2010, the Defendant: (a) voluntarily withdrawn KRW 2 million while keeping a victim’s deposit deposited in the bank account (Account Number: G) of the name of the victim in the course of business and used it for personal purposes at the office listed in the foregoing paragraph (A).

In addition, from around that time to August 28, 2017, the Defendant embezzled total of KRW 174,088,552 from the account in the name of the victim to be arbitrarily withdrawn total of KRW 90 times from the account in the name of the victim and used it for personal purposes.

(c)

The defendant of occupational embezzlement by embezzlement of the difference between foreign currency accounts is under the name of the victim on July 5, 2010.

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