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(영문) 대구지방법원 안동지원 2018.06.07 2018고합17
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for six years.

Reasons

Punishment of the crime

From September 4, 2001 to March 9, 2018, the Defendant is the victim C Co., Ltd. (the location of the headquarters: D, purpose of establishment: Mining Development) and the victim E Co., Ltd. (the subsidiary company of the said company: the purpose of establishment: the building stones were vacant and sales business, etc.) who have been in charge of all accounting and accounting.

1. On January 20, 201, while the Defendant had been in custody of the victim’s money for business purposes, the Defendant voluntarily withdrawn KRW 5,000,000 from the Agricultural Cooperative Account in the name of the victim in cash and arbitrarily used it for personal purposes, such as the Defendant’s living cost, at the point prior to the Agricultural Cooperative in Ansan-dong, Dong-dong.

From that time until March 2, 2018, the Defendant: (a) withdrawn the sum of KRW 1,580,528,000 of the victim’s money in cash over 221 times, or transferred it to the account in the name of the Defendant; and (b) embezzled the victim’s property arbitrarily used for personal purposes, such as the Defendant’s living cost; and (c) embezzled the victim’s property.

2. On April 14, 201, the Defendant: (a) withdrawn KRW 5,00,000 from the Agricultural Cooperative Account (G) in the name of the victim; and (b) arbitrarily used the money for personal purposes, such as the Defendant’s living cost, at the said agricultural branch’s point on April 14, 2011 while having been in custody of the said victim’s money for business purposes.

In addition, from January 16, 2018 to January 16, 2018, the Defendant released 691,000,000 won in total on 95 occasions or transferred 691,00,000 won in cash to an account under the name of the Defendant, and embezzled the property of the victim in his/her occupational custody for personal purposes, such as the Defendant’s living cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Statement made to I by the police;

1. Amera of the damaged area produced by the victim A;

1. The investigation report (the place in which the person under consideration has been employed) shall be recorded;

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