beta
(영문) 대구지방법원 2014.09.05 2014고합376

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant has been engaged in the sales and collection of plastic products to customers in the Yong-Namnam area of the C branch office of the plastic business headquarters of the victim Copin corporation (hereinafter “Copin”).

On December 12, 1999, the Defendant received a promissory note of KRW 69470,000 from KoreaFCI Co., Ltd. (hereinafter referred to as the “KoreaFCI”) with the price of goods, and kept it in custody in the course of sexual harassment, and around that time, deposited the discount in cash into his own bank account, and consumed the discount in cash from KRW 10,000 to KRW 10,000,000 for the personal purpose of stock investment, etc. in Daegu City.

In addition, from around that time to April 15, 200, the Defendant embezzled total of KRW 725,375,750 by consuming the total of KRW 13 times as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement concerning E;

1. Application of each investigation report (including attached documents) and Acts and subordinate statutes to the complaint;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. Reduction area (one year and six months to three years), mitigation area (one year and six months to five years) (special mitigation area) of the recommended punishment range according to the sentencing criteria (the scope of recommending punishment) No. 3 (the amount of not less than 500 million won and less than 5 billion won); and

3. Determination of sentence: Imprisonment with prison labor for three years, suspension of execution for four years, community service, and crime of this case for 160 hours is an opportunity for the defendant to take charge of the collection of money while working as the D of sexual harassment, and embezzlement of approximately KRW 700 million amount of money, the nature of the crime is poor, and the defendant tried to collect criminal liability after committing the crime for 14 years.