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(영문) 전주지방법원 2020.10.06 2020고단691

업무상횡령

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On January 30, 2020, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Jeonju District Court on September 10, 202, and the judgment was finalized on September 10, 202

【Criminal Facts】

From September 2009 to May 31, 201, the Defendant served as the director in charge of accounting in the Ysan-gu Seoul Special Metropolitan City Co., Ltd. to manage the funds of the victim company from September 31, 201.

On January 10, 201, the Defendant stated KRW 500,000 of the Company’s funds kept in the new bank account of the said Company at the victim company as if it were a refund for the company’s normal business operations, and actually remitted them to the E-bank account (F) under the name prior to the Defendant’s opening name, and consumed them for personal purposes.

From that time to May 25, 2011, the Defendant transferred KRW 246,819,778 of the Company’s funds, which was kept in business for the victim company, to a new bank account in the name of the above E, and consumed them for personal purposes, such as stocks, by transferring them to the new bank account in the name of the E.

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A complaint filed by G (including attached materials);

1. Each investigation report (including attached data);

1. Previous convictions in judgment: Investigation report (verification during the appellate trial of the relevant case), and the application of Acts and subordinate statutes to the records of this case;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. Not more than 10 years of imprisonment with prison labor for the scope of punishment by law;

2. The amount of equity in the case of judgment and the embezzlement and embezzlement of the defendant with regard to the defendant who has rendered a final and conclusive judgment at the same time.