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(영문) 인천지방법원 2020.10.13 2020고합198
특정경제범죄가중처벌등에관한법률위반(횡령)등
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who works as a general manager and accounting officer at the victim C Industry-Academic Cooperation Foundation located in Bupyeong-gu Incheon Metropolitan City from January 2013 to November 2019 and was engaged in the fund management affairs of the said Industry-Academic Cooperation Foundation.

1. Around April 30, 2014, the Defendant embezzled KRW 772,470,933 in the course of business by remitting KRW 274,230 to the Defendant’s corporate bank account (Account Number E) by means of preparing a false disbursement resolution, while the Victim C Bank account (Account Number D) in the name of the said industry-academic cooperation foundation was kept as an accounting manager in the office of the said industry-academic cooperation foundation, and then embezzlement from around that time to February 20, 2019 by means of remitting the Defendant’s corporate bank account (Account Number E) to the account in the name of the Defendant’s name by means of voluntary consumption of living expenses, etc., as shown in the attached Table I from that time to February 20, 2019.

2. As indicated in the list I of crimes, the Defendant embezzled the amount of retirement settlement that should be paid to F, etc. by means of remitting it to the account in the name of the Defendant, and attempted to forge a certificate of remittance, which is a document evidencing withdrawal, in order to conceal the crime of embezzlement. On May 14, 2014, the certificate of remittance issued under the name of the Defendant in the name of the above industry-academic cooperation foundation office, stating that the amount of KRW 84,130 was remitted to the Defendant’s corporate bank account (E) from the account in the name of the Defendant in the name of the said industry-academic cooperation foundation office, “money bank” means “G bank” in the name of “H” in the name of “money bank”, and “amount received” means a copy of “F” in the name of “Fund” as indicated in the list II of crimes, and then forged the certificate of remittance under the name of the said IB bank in the name of the above corporation, and forged the above Chapter 6.

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