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(영문) 수원지방법원 2013.10.11 2013고합423
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from December 19, 2007 to September 2012, 2012, has been working as an accounting officer at the “E” of the manufacturer of communications equipment operated by the victim D, which was operated by the victim D, and has been engaged in the business of fund management such as settlement of accounts and payment of wages for employees.

On April 10, 2009, the Defendant managed the E company bank account (Account NumberF) in the above E office and kept the victim’s funds in business, and embezzled KRW 1,506,220 by remitting the difference from the above company bank account to the agricultural bank account in the name of the Defendant, even though the actual payment of the Defendant is KRW 1,00,000,000 to the financial account in the name of the Defendant, while the employee’s benefits and the customer’s payment of the victim’s funds was made in a lump sum through the corporate bank’s “Support” financing automation system.

In addition, from around that time to September 5, 2012, the Defendant embezzled KRW 621,938,254, in total, by paying the Defendant’s salary in 433 times as indicated in the attached Table of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to specification of transactions, specification of transactions, settlement lists, paintings, and investigative reports (attached to copies of suspect's certificate of withholding income tax);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law:

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