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(영문) 인천지방법원 2014.03.19 2013고합849

특정경제범죄가중처벌등에관한법률위반(횡령)

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

The Defendant, from around December 1997 to December 201, 201, was engaged in overall management affairs, including sales, collection, and management of employees, as a branch office of “Esan Branch” in Yongsan-gu Seoul Metropolitan Government Operation D.

On November 14, 2010, the Defendant embezzled KRW 57,463,050, total sum of 100 times from around 2004 to January 5, 2011, when he/she arbitrarily transferred KRW 5,000 to a new bank account (G) in the name of the Defendant in the name of the victim for the management of the ordinary company’s funds at the above company’s office, and embezzled it by arbitrarily consuming KRW 57,463,050, as shown in the attached list of crimes, from around 2004 to January 5, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and I;

1. An investigation report (Attachment of a statement of transactions of bank accounts used as a suspect), investigation report (verification of the details of embezzlement, etc. of bank accounts used as a suspect), investigation report, 1.1. 1-1. Details of embezzlement of business funds of the company, 1-2 copy of the investigation report (repreparation of a list of offenses), 1-3 bank remittance receipt, 1-4 cash disbursement and receipt books of the company, 1-5 Defendant A, the certificate of confirmation of the remittance recipient of the 1-5 Defendant Party A, 2-1 embezzlement statement, 2-1 embezzlement statement, 2-2 document confirmation of the balance of the credit sales office of the 3-1 E-2 credit sales office, 3-2 E-1 embezzlement statement, 3-2 E-3 E-dong branch credit purchase books, 3-3 E-3 E-dong branch offices' account books, 3-5 copies of the account books, 3-7 copies of the remittance receipt of the Defendant Party A-6, 3-37 copies of the Act and subordinate statutes;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The Criminal Act, the suspension of execution;