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(영문) 수원지방법원 안양지원 2014.06.20 2013고합229
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. From May 31, 2005 to July 23, 2012, the Defendant, while working as the representative director of the Victim F Co., Ltd. F (hereinafter “victim”) in both weeks, has been engaged in the business of managing funds, such as retirement and sales proceeds, of the victimized company.

On February 3, 2006, the Defendant received KRW 600,000 from G, which is the customer of the victimized company, to the Agricultural Cooperative account (H) in the name of the Defendant, and used it voluntarily for personal purposes, such as repayment of personal debt, etc. in Seoul, at around that time during the period from July 16, 2012 to July 16, 2012, the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” listed in the “amount of damage” in the “amount of the relevant facts charged in the instant case, 493,013,00 won (the “amount of damage” listed in the “amount of damage”). The sum of the amount of embezzlement of the damaged company’s funds in the instant case (the “amount of damage”) 1,083,660,902 won.

considerable amount was embezzled.

2. On May 2012, the Defendant in occupational breach of trust, working as the representative director of the victimized company, voluntarily transferred to the Defendant the right to return KRW 7,363,00, the lease deposit that the victimized company paid to Hyundai Capital Capital, while succeeding to lease a car leased by the victimized company from Hyundai Capital Capital, in the Moyang-dong, Annyang-gu, Annyang-gu, Annyang-dong, Annyang-dong, Annyang-dong, Annyang-dong, Annyang-do.

Accordingly, the defendant acquired property benefits equivalent to KRW 7,363,00 and suffered damages equivalent to the same amount from the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of examination of the accused by the prosecution (including the statement parts of paragraphs (1) through (3), J, and K);

1. Statement of the police concerning L;

1. A factory;

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