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(영문) 의정부지방법원 고양지원 2016.02.04 2015고합277

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

[Judgment No. 1]

1. Defendant A’s legal statement

1. Statement made by each prosecutor with respect to F;

1. A prosecutor's investigation report (to attach data submitted by the G Association, a list of deposits and withdrawals, a list of account transactions, and a list of the return of embezzled money);

1. Information on financial transactions (integrated), details of each transaction, bank slips, statement of card use, details of printing expenses, details of printing expenses, data related to the execution of subsidies from the National Treasury in 2012, status of execution of subsidies from the National Treasury, decision to grant subsidies from the National Treasury and settlement of accounts (Article 2 of the judgment);

1. Defendant B’s legal statement

1. Application of Acts and subordinate statutes concerning the suspect interrogation protocol to Defendant A by the prosecution;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: In general, 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

B. Defendant B: Articles 356 and 355(1) of the Criminal Act comprehensively (the choice of imprisonment)

1. Reduction of volume (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Defendant A [Type] Class 3 (at least KRW 50 million, less than KRW 5 billion, and less than KRW 5 billion) of the Act on the Misappropriation of Embezzlement (special sentencing factors): In the event that punishment is not imposed or a significant damage is recovered, [the scope of recommending punishment] mitigation area [the scope of recommending punishment] mitigation area [one year and six months to three years;

B. Defendant B [Determination of Type] Class 1 (less than KRW 100,000) (Special Sentencing) mitigated element: In a case where the punishment is not smooth or significant damage has been recovered (decision in the sphere of recommendation) mitigated area [the scope of recommendation] mitigated area] imprisonment with labor for not more than 10 months

2. Determination of sentence: Defendant A’s two-year suspended sentence; Defendant B’s six-year suspended sentence; Defendant A embezzled an amount equivalent to KRW 1.6 billion over five years from 2008 to 2013 while taking charge of accounting of the Victim G Association (hereinafter “Damage Association”); Defendant B’s embezzlement is investigated.