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(영문) 서울서부지방법원 2013.06.14 2012고합537

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who, from January 1, 2001, worked as accounting staff at the E Federation located in Mapo-gu Seoul Metropolitan City (1202) from around January 1, 2001, the victim E Federation (hereinafter “victim Association”) received national subsidies from the Ministry of Culture, Sports and Tourism, etc., and the head of the Tong and the victim federation deposited with their own funds, such as membership fees, etc. from each local cultural institute, are engaged in the management, receipt and disbursement of funds, accounting,

On March 6, 2006, the Defendant kept for business purposes a passbook (Account Number G) in which the State subsidy related to the business was deposited from 2004 to 2005, which was administered by the victim’s federation at Mapo Agricultural Branch located in Mapo-gu Seoul, Mapo-gu, Seoul, and embezzled it by arbitrarily searching KRW 3.5 million from the above passbook in the name of the Defendant, making the deposit of the agricultural bank head (Account Number H) in the name of the Defendant, and by consuming it by paying the Defendant’s card price.

From that time until December 30, 2011, the Defendant embezzled 693,463,914 won in total while keeping 15 the head of the Tong and the head of the 15 head of the 15 head of the 15 head of the 2003,000 won deposited by the victim federation from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Submission of details of transactions of passbooks, submission of data related to the E Federation, verification of possibility of addition of criminal facts, submission of suspect data, submission of suspect's I interviews, attachment of data, deposit received by the E Federation, receipt of corporate card settlement money, and report on response to the slips of deposits

1. Application of Acts and subordinate statutes to request investigation;

1. Grounds for sentencing under 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 relevant crime;

1. The sentencing criteria [decision on the types of punishment] 50 million won or more but less than 500 million won or less than 5 billion won (decision on the recommended area] (decision on the recommended area] 2 years to 5 years (basic area); and

2. Sentence;