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(영문) 수원지방법원 2018.07.17 2018고단1846
업무상횡령
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

[criminal records] On April 14, 2014, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Suwon prison, and the sentence was executed in the Suwon House, and the period of parole passed on October 28, 2014, on January 24, 2015.

The Defendant is a person in charge of accounting affairs, such as receipt and disbursement of funds of three companies, such as D, E, and F, from November 18, 2014 to September 29, 2017, from November 28, 2017 to March 25, 2018.

On February 28, 2015, the Defendant: (a) transferred KRW 1,913,788 from the corporate bank account in the name of D Co., Ltd. to the national bank account in the name of D Co., Ltd. to the Defendant’s parent G bank account; and (b) embezzled the transfer transaction counterpart as if he paid the price to the transaction partner or paid the company expenses, and transferred the funds to the account in the name of the family, such as the Defendant’s husband, etc., to the company’s husband; and (c) embezzled it by consuming KRW 364,512,440 over 96 times in total, as indicated in the list of crimes, from around that time to March 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Business registration certificate, certificate of all registered matters, certificate of family relationship, details of each transaction, statement of separate account transaction, statement of account transaction, each account transaction, inquiry of transaction records, each transaction records, certificates of each deposit transaction records, credit information history, personal information transfer records, identification of each deposit transaction records, certificate of employment, summary of the company and A embezzlement amount, and details of account transaction submitted by each complainant;

1. Each complaint;

1. Previous convictions: References to inquiries, such as criminal history, written judgments, and application of Acts and subordinate statutes on personal confinement;

1. Relevant legal provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act concerning the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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