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서울서부지방법원 2018.02.09 2017고단2569

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From December 14, 2016 to April 13, 2017, the Defendant served as the management support team leader at the E Co., Ltd. (representative F) in Yeongdeungpo-gu Seoul Metropolitan Government as the damaged person who was on D 17th floor from around December 14, 2016, and has been engaged in the accounting and accounting affairs of the said company.

On January 19, 2017, the Defendant collected KRW 10 million from the SC bank account (Account Number G) in the name of the victim company while keeping and managing the access media of the victim company in the vicinity of the above company, and deposited it in the bank account (Account Number H) in the name of the Defendant, and consumed it for the purpose of repaying the Defendant’s obligations arising from the Defendant’s separate embezzlement.

In addition, the Defendant embezzled the total amount of KRW 410 million owned by the victim company for personal purposes at least six times, as indicated in the list of offenses, from around that time to March 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement of deposit transactions;

1. Application of a copy of each bankbook;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. Recommendation and sentence of the sentencing criteria: Type 2 (Scope of the recommended punishment: from 10 million won to 500 million won) basic area (one year to 3 years) (a person who has no special sentencing factor) of the sentencing criteria;

1. favorable circumstances: The fact that the defendant appears to have an attitude against his/her will, such as accepting wrongs, and the fact that the victim company has seized the claim to return the leased deposit equivalent to KRW 100 million owned by the defendant by provisional seizure, etc. that it is expected

1. Unfavorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, such as the fact that the amount of damage is remarkably large and not recovered from damage;