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(영문) 서울중앙지방법원 2014.01.10 2013고합1094
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for eight years.

Reasons

Punishment of the crime

The Defendant, from the end of 2002 to April 2004, is a person who works as an agent for a victim C (hereinafter referred to as “victim”) to take charge of the said company’s fund entry and withdrawal, etc.

In collusion with D (Suspension of Prosecution on April 29, 2004) and E (Suspension of Prosecution) of the Defendant’s middle school that was the director of the comprehensive planning division of the victimized Company, D made an account in the name of the victimized Company in order to transfer the funds of the victimized Company, and the Defendant transferred the funds of the victimized Company in the course of business to the said account, etc., and E made an account in the name of the victimized Company in order to transfer the damaged Company’s funds, and E made an account in the name of E to transfer the damaged Company’s funds, and the Defendant D and E decided to make a stock investment with the transferred funds.

1. On December 2, 2003, in collusion with D and E, the Defendant appears to have erroneously stated “4,615,296,060 won” in the indictment of KRW 4,615,296,060 in the amount of tax refund to the damaged company deposited from the Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Office’s ordinary deposit account (G) in the name of the victimized company in collusion with D and E at KRW 4,615,296,060.

B During its occupational storage from 14:47 to 14:56 of the same day, the amount of KRW 650,003,50 with E’s interest bank account in the name of E (H) created in advance by means of Internet banking for the same day, KRW 700,003,50 with the national bank account (I), KRW 600,003,000 with the national bank account (J), KRW 502,500 with the national bank account (K), KRW 650,03,500 with the national bank account (K), KRW 650,003,50 with the national bank account (L), KRW 615,275,060 with the national bank account (M), KRW 560,03,00 with the post bank account (N) with KRW 550,000 with the “50,003,000 with mistake of KRW 50,500,300”

E embezzled KRW 4,615,296,060 in total, including KRW 350,002,00,000, from a new bank account (O) in the name of E created in advance on December 1, 2013.

2. The defendant, in collusion with D and E on January 12, 2004, around 16:12, 2004, at our bank located in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government F (State) in the current account (P) in the name of the victimized company, D around January 9, 2004.

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