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(영문) 인천지방법원 2014.05.29 2013고단727
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From April 25, 2003 to April 25, 2003, the Defendant has been in charge of all the entry and departure affairs of the said company and has been engaged in the management of all all the funds.

On February 10, 2004, the Defendant: (a) transferred 880,284 won to the agricultural bank account under the name of the Defendant’s mother G account and consumed it for the purpose of living expenses in Incheon, etc. around that time.

In addition, from around that time to February 16, 2012, the Defendant embezzled total of KRW 401,438,301 by the same method through the same 378 times as indicated in the annexed crime list.

Around June 4, 2012, the Defendant stated that “Around June 4, 2012, the Defendant would pay the interest and principal on the loan to the (18,000,000 won to the (36) months after receiving monthly salary if the Defendant applied for the loan to the (1) EE office in which the director of the accounting planning division at the time had been working.”

However, at the time, the Defendant had to embezzled approximately KRW 400,000 of the public funds of the said state (E) to pay the said money to the Company, and even if at any time, the Defendant was dismissed from the Company due to the embezzlement and received the above KRW 18,00,000 from the victim, there was no intention or ability to pay the said money in installments for 36 months.

The Defendant, by deceiving the victim as such, received 18,000,000 won from the victim under the pretext of credit loans.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. Statement made by a witness H in the third protocol of the trial;

1. The part concerning H’s statement in each police interrogation protocol against the defendant

1.As to I.

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