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(영문) 대구지방법원 2018.07.27 2018고단2612

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who, from December 26, 2017 to April 3, 2018, served as accounting in the victim’s account management from W (35 tax) operated in G (35 tax) in G (35 tax), G (35 tax), and was engaged in the business of managing corporate accounts and collecting money.

Around December 29, 2017, the Defendant embezzled KRW 13,128,599 in total over 23 times in total in the same manner as the attached crime list, while the Defendant kept 4,560,050 won of the goods owned by the victim from the “Z” account in the name of the business partner in the Agricultural Bank (Account Number: Y) of the victim’s name and transferred KRW 4,560,050 to the corporate bank account (Account Number) in the name of the Defendant’s husband in the Internet banking, and embezzled KRW 4,560,050 from around that time to April 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against the defendant or M;

1. Written statements made by the police;

1. Application of Acts and subordinate statutes to a written inquiry about each case as a result of the transfer process, a detailed statement of transaction in a company bank (M) bank, a transaction statement in a new bank (A) transaction statement, Daegu Bank (A) transaction statement, investigation report (as the nominal party to the account immediately after the date), and a written request for financial transaction information

1. Articles 356 and 355(1) of the Criminal Act applicable to criminal facts, and Article 355 of the Criminal Act, and Article 355(1) of the Criminal Act of the same Act of this case of criminal facts have the record of having been punished for a suspended sentence of imprisonment for the same kind of crime, and the amount of damage to the crime of this case exceeds KRW 100 million, and the defendant shall be punished by a suspended sentence

On the other hand, the defendant's mistake is against his own mistake, and the defendant was sentenced to three years of imprisonment on April 3, 2018 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement) in the Daegu District Court Kimcheon branch of the Daegu District Court (Seoul High Court 2018No. 142) and currently pending appellate trial (Seoul High Court 2018No. 142). It is ordered that the punishment be determined in consideration of equity in the case where the defendant