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(영문) 수원지방법원 2020.12.24 2020고합654
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

From March 2, 2013, the Defendant: (a) from around March 2, 2013, as a person in charge of administrative affairs, such as the collection and refund of tuition fees, in the “D’s operation of the victim C Co., Ltd., located in Seongbuk-gu, Sungnam-si; (b) was aware of the fact that the students’ parents were requested through e-mail and the amount of considerable tuition fees are deposited in a lump sum; and (c) that there was a case of receiving tuition fees in cash, the Defendant was willing to keep the payment of tuition fees by sending a written request voluntarily altered to the Defendant’s personal account, other than the victim’s company’s account, by e-mail; and (d) deposit the paid tuition fees in cash to the individual account; and (e) subsequently, he was willing to keep the payment of tuition fees by filling it with the tuition fees paid by other students thereafter to the victim company.

around March 2013, the Defendant: (a) deposited tuition fees of KRW 1,420,00 in cash in one bank account in the name of the Defendant and used voluntarily for personal purposes while keeping for the victim’s company; (b) used tuition fees of KRW 1,495,164,410 in total for the purpose of depositing the tuition fees paid in cash directly to the Defendant’s account in the name of the Defendant from March 2013 to March 2020; (c) used tuition fees of KRW 902,108,978 in total for the victim’s business for the same period, and embezzled KRW 593,05,432 in total for the remaining amount for personal purposes, such as living expenses, by using a written request for arbitrary alteration from March 2013 to March 202.

Summary of Evidence

1. Defendant's legal statement;

1.F Each police statement of the F shall be submitted to the complainants agent.

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