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(영문) 창원지방법원 통영지원 2018.10.18 2018고합106
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

Since July 13, 2015, the defendant has been engaged in the management of the company fund of the victim E (F) and the victim G (F) as the director of the accounting division of the victim-based building B and the victim-based Dispute Resolution D, which has been in charge of the management of the company fund of the victim-based parties E (F).

In order to manage corporate funds, the Defendant thought that all the access media that can operate corporate funds, such as the head of the Tong, etc., possess and use them, and keep corporate funds, using them as personal debt repayment, illegal Internet gambling funds, etc.

Around July 30, 2015, the Defendant: (a) transferred KRW 9 million from the H bank account (I) of the victim K to the account of J company K to June 7, 2018; and (b) transferred KRW 1,927,061,657, and KRW 1,927,057 from the victim LAD to the victim LAD to use for personal debt repayment, illegal Internet gambling funds, etc. from around that time to June 7, 2018; and (c) transferred KRW 14,70,000,00,000 from around January 8, 2018 to June 1, 2018 to around 1, 2017; and (d) he/she embezzled KRW 14,70,000,00 from the victim G (F) to June 30, 206, 209; and (d) he/she embezzled KRW 300,57,018.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to L;

1. Complaint;

1. Each report on investigation;

1. M Bank embezzlement records, H Bank embezzlement records, G embezzlement records, BC cards use records, D M cards use records, inquiries about transaction records, N Company Bank transaction records, N Corporation card transaction records;

1. Application of each statute on photographs;

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 and Article 355 (1) of the Criminal Act (referring to the occupation of occupational embezzlement and the combination thereof), Articles 356 and 355 (1) of the Criminal Act (referring to the occupation of occupational embezzlement and the selection of punishment by imprisonment, inclusive);

1. Aggravation concurrent crimes;

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