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(영문) 인천지방법원 부천지원 2015.09.25 2015고합150

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant served from February 2008 to September 2014 as the accounting of the victim E (Representative F) corporation in Bupyeong-gu, Jungcheon-gu, Busan, and engaged in the management of the funds of the victimized company.

On June 17, 2008, the Defendant: (a) arbitrarily transferred KRW 70,00 from the company bank account in the name of the victimized company to the bank account in the name of the Defendant in the name of the Defendant at the office of the victimized company; and (b) from that time to August 25, 2014, from that time, he/she used KRW 781,03,291 for personal purposes, as shown in the separate list of crimes in the same manner from August 25, 2014, the sum of the embezzled amounts of KRW 871,13,00,008 in total, or the sum of KRW 90,129,717 in the list of crimes in the same manner, was confirmed to have been paid to the customer of the victimized company as the amount of goods, etc. (Evidence No. 781,03,291 of the evidence record).

B embezzled B.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report;

1. Application of the detailed statement of transactions by account and deposit certificates by account;

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. Scope of applicable sentences under law: Three years to thirty years; or

2. Application of the sentencing guidelines [decision of a type] Embezzlement crime, Type 3 (at least 500 million won, less than 5 billion won) (decision of the recommended area] None of the basic areas [decision of the recommended area] / two years to 5 years of imprisonment.

3. Determination of sentence: The crime of this case with three years imprisonment was committed by the defendant who was employed by the victimized company and was in charge of accounting affairs, and was embezzled for about six years from June 2008 to August 2014 through embezzlement of corporate public funds through the method of withdrawing credit purchase amount from customers over several times during a period of six years from around June 2008 to around August 2014, and the crime of this case was committed in light of the method and circumstances of the crime.