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(영문) 대전지방법원 2013.09.26 2013고합241
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant served as the chief of accounting department of Victim E Co., Ltd. (hereinafter “victim”) from August 10, 201 to March 20, 2013, while engaging in accounting and accounting affairs.

On November 22, 2012, the Defendant: (a) arbitrarily withdrawn and used 20,000,000 won from the new bank account (Account Number:F) in the name of the victim company from around November 22, 2012; and (b) thereafter embezzled KRW 1,948,374,190 in total from the corporate account in the name of the victim company, which was kept in business for 15 times from March 14, 2013, as shown in the list of crimes, and embezzled it for personal purposes, such as horse expenses, entertainment expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G (the first and second statements);

1. Inquiries about details of transactions by account and account submitted by complainants, and details of deposits transactions;

1. Application of Acts and subordinate statutes of certificate of employment;

1. The reason for sentencing under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the crime in question, Articles 356 and 355(1) of the Criminal Act is that the defendant surrenders himself to the investigation agency on May 21, 2013 and recognized all the crime in this case, and the victim company is divided his mistake; the victim company is to receive KRW 500 million from the defendant's family; and the investigation agency on April 22, 2013 submitted a written agreement, written withdrawal of complaint, written withdrawal of complaint, and written application containing a wish that the defendant's family members would not want the defendant to be punished to the investigation agency on April 22, 2013; thereafter, the defendant's family members paid KRW 4774,100,000 to the victim company; and the defendant's wife and two children should support the defendant.

However, the crime of this case was embezzled by the Defendant, working as the chief of the accounting department of the victim company for about four months, by arbitrarily withdrawing KRW 1,948,374,190 of the victim company's funds, etc. The amount of losses not covered until now is 1,474,274.

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