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(영문) 전주지방법원 군산지원 2017.10.19 2015고합85
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

B Imprisonment with prison labor for four years and for two years, each of the defendants A shall be punished by imprisonment.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

B는 익산시 I에 있는 피해자 농업회사법인 유한 회사 H( 이하 ‘ 피해 회사 ’라고 한다) 의 대표이사 J의 외숙모이고( 피해 회사를 실질적으로 운영하는 K는 J의 아버지로서, 피고인 B는 K의 처남 댁이다), 피고인 A는 피고인 B의 여동생이다.

Defendant

B From July 2010 to December 2012, Defendant A served as the accounting of the victimized company from January 10, 201 to July 10, 201 (not working from June 201 to November 6, 2011) and was in charge of the management of funds, such as the income and expenditure of the victimized company.

The Defendants, using the fact that K and J, etc. were door to the accounting work and trusted by the Defendants, manipulating the names of the persons who entered into and withdrawn from transactions through Internet banking and telebankings, or repeating the entry and withdrawal by mixing the accounts that Defendant B manages by mixing with each other. Defendant A, according to the orders of Defendant B, attempted to use the damaged company’s funds as voluntary use by manipulating the damaged company’s books and reporting them to K in accordance with the order of Defendant B.

1. The Defendant, on October 26, 2010, deposited KRW 348,00 from the Agricultural Bank Account (Account Number L) in the name of the victimized Company on behalf of the victimized Company after deposit of the fixed-gu net sales proceeds, etc. on October 26, 2010, and transferred KRW 348,00 to the National Bank Account (M) in the name of the Defendant, from then on November 6, 201, up to June 6, 201, Defendant B carried out the following: (a) KRW 1:5 times in the list of crimes; (b) KRW 2: (c) KRW 1 through 222 in the list of crimes; (d) KRW 45 in the list of crimes; (e) KRW 1 through 7 in the list of crimes; (e) KRW 5:1 through 2 in the list of crimes; and (e) KRW 1 through 15:13 through 143 in the name of the Defendant’s account; (e) KRW 15) KRW 151331 through 15.

In the indictment, “the defendants are damaged companies.”

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