특정경제범죄가중처벌등에관한법률위반(횡령)등
A defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding ten thousand won.
When the defendant does not pay the above fine.
Punishment of the crime
Attached Form
The same shall apply to the facts charged.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. Each police statement made to D and E;
1. A written statement prepared by C;
1. Statement to supplement the chief of the complaint;
1. Investigation report (Submission of reference materials to a complainant or an agent);
1. Application of the provisions of Acts and subordinate statutes on certificates of units, such as a copy, company account books, slips, etc., copies of checks, bills, copies of bills, account transactions, entry money lists, copies of passbooks, etc., slips, receipts, and borrowed certificates;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and Articles 356 and 355 (1) of the Criminal Act (amended by Act No. 11304, Feb. 10, 201): The fact that each of the securities is specified in Article 5 of the Control of Illegal Check Control Act: The fact that each of the securities is exercised under Article 214 (1) of the Criminal Act: The fact that Article 217 and Article 214 (1) of the Criminal Act are fraud: Article 347 (1) of the Criminal Act (comprehensive
1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act (Concurrent Punishment, etc. of Specific Crimes, etc. of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement with the largest punishment), a fine shall be imposed concurrently for concurrent crimes with respect to a fine prescribed for a violation of the Illegal Check Control Act with respect to the check with the largest number of checks);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under the former part of Article 6 of the Control of Illegal Check Control Act, Article 334 (1) of the Criminal Procedure Act;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) / [Determination of the type of embezzlement] / Misappropriation, Type 3 (at least KRW 500,000, but less than KRW 5 billion) / None of the persons who are specially punished [the recommended field and the scope of recommendation] basic area, 2 years to 5 years
(b) fraud [determination of types] frauds, general frauds, and Type 2 (at least KRW 100 million, but less than KRW 500 million) (a special person) are not recommended areas; and