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(영문) 광주지방법원 2013.12.04 2013고합372
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall pay 7,730,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) has been working for the victim E (victim) accounting staff from August 1, 2009 to May 2, 2013 as the Defendant, who purchased materials from the victim company to supply the completed septic tanks to the agencies for the production of septic tanks, and has been engaged in the business of paying and collecting the price by preparing a detailed statement of transactions.

A. On February 2, 2010, the Defendant committed a crime using the F’s account in the name of F, G as a representative at the victim company office around February 2, 2010

The defendant used the funds of the victim company in the suspended agricultural bank account (H) for the purpose of monthly salary, and remitted 50,000 won to the agricultural bank account (I) in the name of the defendant's living together, which was used by the defendant for the purpose of receiving monthly salary, and consumed it for personal use.

In addition, from that time until December 31, 2011, the Defendant embezzled KRW 55,400,000 at a total of 46 times, as shown in attached Table 1, from that time, for personal debt repayment, etc. of the Defendant.

B. On December 30, 201, the Defendant used the Defendant’s account in the name of the Defendant, and transferred the amount of KRW 1,500,000 to the National Bank account (L) in the name of the Defendant, not the Defendant’s company account, which was in continuous business relations with the Victim Company, and used the amount for personal purposes such as living expenses, etc. around that time.

From that time until May 9, 2013, the Defendant received a total of KRW 495,820,550 from 141 times to the said account in the name of the Defendant and consumed all or part of the money in mind.

Ultimately, the Defendant embezzled 551,220,550 won in total of the funds of the victim company by the above method.

2. Fraud;

A. The Defendant committing the crime against the victim M is in a transactional relationship with E at the office of the above E (E) around December 26, 2012.

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