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(영문) 인천지방법원 2020.01.07 2019고단6874

횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The first criminal defendant, around September 4, 2018, transferred the above money to another bank account (G bank I) in the name of the victim while he/she was transferred US$ 30,000 to the bank account (G bank H) in the name of the victim from his/her customer to the bank account (G bank) in the name of the victim, in the Yeonsu-gu Incheon Metropolitan City Office B building and the D office office of the defendant's operation under subparagraph c, by concluding a mid-to-high export agency contract with the victim F Co., Ltd., Ltd., the automobile export-import company operated by E, and used the money for personal purposes.

Accordingly, the Defendant embezzled the victim’s property amounting to KRW 33,312,00.

2. On September 5, 2018, the second criminal defendant received US$19,00 from a customer to a bank account (G bank H) in the name of the victim F Co., Ltd. in the same manner as in the D Office around September 5, 2018 and remitted the money to another bank account (G bank I) in the name of the victim for the victim, and consumed the said money for personal purposes.

Accordingly, the Defendant embezzled the victim’s property amounting to KRW 21,061,50.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against the accused (including part concerning E-examination);

1. Statement of the police statement of E;

1. A complaint;

1. Business registration certificate, each borrowing certificate, each bank account record, the details of transactions with damaged funds-using sources, investigation reports, the details of transactions with J bank, and application of Acts and subordinate statutes to the results of transfer;

1. Circumstances that are disadvantageous to the reasons for sentencing a sentence of imprisonment with prison labor: The amount of embezzlement exceeds 50 million won and has not yet been compensated for damage.

The favorable circumstances: Recognizing a crime, a mistake is divided, and no previous one is the same.

In addition, various sentencing conditions such as the defendant's age, character and behavior, environment, motive and background of the crime of this case, the means and consequence of the crime, and the circumstances after the crime.