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(영문) 인천지방법원 2014.09.18 2014고정914
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who was in office as an auditor of E (Representative F) a corporation established for the purpose of importing and selling anti-smoking machinery from April 2009 to July 2010 under the Mapo-gu Seoul Metropolitan Government D Building 204.

1. Around January 29, 2010, the Defendant embezzled on or around January 29, 2010, using Internet banking at the above company office, the victim, to transfer KRW 6 million from the victim’s citizen bank account to the Defendant’s foreign exchange bank account (G) and embezzled by using the Defendant’s graduate school tuition fees and the Defendant’s mother’s living expenses, etc. free of charge.

2. On February 10, 2010, around February 10, 2010, the Defendant embezzled the embezzlement by using Internet banking at the above company’s office, the victim, from the victim’s national bank account, the Defendant’s mother from the victim’s Internet banking account to H bank account (I) with KRW 4 million in living expenses.

Summary of Evidence

1. Each legal statement of the witness F and J;

1. Partial statement of the witness H in the court;

1. Application of A’s detailed statement of transaction in a foreign exchange bank, and H’s statement of passbook;

1. Article 355 (1) of the Criminal Act and Article 355 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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