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(영문) 의정부지방법원 2017.03.23 2016고합530
특정경제범죄가중처벌등에관한법률위반(횡령)등
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A defendant shall be punished by imprisonment for three years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a victim G Co., Ltd.’s account in both weeks from December 15, 2008 to November 4, 2016, and is a person who manages the revenue and expenditure of the said company’s funds.

On March 20, 2009, while the Defendant was in custody of the company’s funds for the said company, he arbitrarily transferred KRW 612,170 to the account of the Defendant’s name, and consumed the funds for personal purposes, such as card payments, from a day within the government city around that time.

From around that time to October 16, 2016, the Defendant arbitrarily transferred 1,306,928,409 won to the account in the name of the Defendant and used it for personal purposes throughout 246 times between the company’s funds in custody for the said company, such as the previous list of crimes (1).

Accordingly, the defendant embezzled the property of the victim while on duty.

2. The Defendant in occupational breach of trust had a duty to use two copies of the corporate card (BC and national card) of the said victim company for the said victim company.

Nevertheless, on April 18, 2012, the Defendant violated his/her duties and paid KRW 2,071,950 to the seacom as the price for the purchase of the Defendant’s goods regardless of his/her business activities. From September 29, 2016, up to September 29, 2016, the Defendant used KRW 15,966,320 on a total of 80 occasions for personal purposes, such as in the attached list of crimes (2) and acquired financial benefits, and caused the said victim to incur property damage equivalent to the same amount.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with H;

1. Complaint;

1. Each report on investigation;

1. A certified copy of the corporate registry, a personnel card, a certificate of deposit transaction records, documents of deposits in and out of banks for each company, documents related to the use of corporate cards, and evidence related to the I deposit.

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