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(영문) 서울서부지방법원 2015.06.12 2015고합13
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant, from November 2004 to October 1, 2014, worked as the head of the accounting team of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) that is engaged in the business of manufacturing and selling food processing machinery in Seodaemun-gu Seoul, Seodaemun-gu (hereinafter “victim Co., Ltd.”) and took overall charge of accounting management and fund execution of the Victim Co., Ltd.

From early 2009, the Defendant had his superior such as the chairperson E and vice president F of the Victim Company take exclusive charge of accounting management and the execution of the Company’s funds with the trust of himself, prepared a false disbursement resolution and embezzled the withdrawn funds.

On April 8, 2009, the Defendant prepared a written resolution of disbursement of KRW 12,305,640 for the amount to be paid to the customer of the victim company, and made G as the personnel of the accounting team after obtaining approval from the above F and E, remitted the amount of KRW 12,305,640 from the national bank account of the victim company to the National Bank account in the name of the defendant. The Defendant withdrawn the amount of money kept in the business and embezzled the amount of money voluntarily for entertainment expenses, such as horse racing, etc. at the time of the withdrawal and then embezzled.

In addition, from that time until September 11, 2014, the Defendant embezzled funds of the victim company equivalent to KRW 1,745,852,941 by means of the aforementioned 266 times in total, as shown in the attached list of crimes, from that time until September 11, 2014, and consumed them for entertainment expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. Each prosecutor's statement concerning H;

1. The details of deposits and withdrawals from the account under the name of the suspect A, the details of deposits and withdrawals from the account under the name of the suspect G, the details of deposits and withdrawals, copies of the deposited receipts and disbursements of the victim company, the detailed statement of transactions, etc., the cash receipt and disbursement resolution, and copies

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the Criminal Act for the crime.

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