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(영문) 서울중앙지방법원 2016.02.16 2015고합1194
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from February 2012 to March 3, 2012, had been engaged in the management of corporate funds in “Co. D” and “Co., Ltd. E” while managing corporate funds. On February 2013, the aforementioned “D” was engaged in the same duties even after the company’s name was changed to “F”.

1. Around August 27, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has embezzled KRW 934,723,244 of the funds of the victim corporation D and F to the Defendant’s personal account by voluntarily using the Defendant’s living expenses, etc. around 98 times in total, by transferring KRW 70,853,345,345 of the funds of the victim corporation owned by the Defendant to the Defendant’s personal account, from the Saemaul Treasury (Account Number: G) in the name of the victim D corporation under the name of the Defendant, which was managed by the Defendant as the personal intent of his/her own, to the Defendant’s use of his/her own account. Around that time, the amount of KRW 1,000,000 from the Saemaul Bank account (Account Number: H) in Seoul, Japan, and then arbitrarily using the Defendant’s personal account as shown in attached Table 1.

2. Forging an official document and uttering of forged official document;

A. On April 2015, the Defendant: (a) received an order from the above F representative I to request the Korea Technology Finance Corporation to submit a certificate of tax payment from the said F representative I; (b) in the process of applying for a loan, the Defendant had the intent to forge the FF’s certificate of tax payment by putting the wind to arbitrarily use corporate funds; (c) making it difficult for the Defendant to pay national taxes due to the shortage of corporate funds.

On April 2015, the Defendant, at the above F Office, can can the E-tax payment certificate issued by Samsung Tax Offices, and moves the file to a computer.

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