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(영문) 서울중앙지방법원 2017.06.15 2017고합339

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 12, 2016, the Defendant was appointed as the representative director of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Seongbuk-gu, Sungnam-si, Sungnam-si, and was in general in charge of the affairs of the Victim Co., Ltd.

On February 6, 2017, the Defendant embezzled KRW 500,000,000 of the funds of the victim company, out of the funds of the victim company held in the account in the name of the victim company (i.e., one bank F) at KEB, KEB, The Hague branch, etc. in Gangnam-gu, Seoul, for the personal purpose of using the funds of the victim company, and embezzlement KRW 78,40,000,000,000 in cash and check in violation of the victim company’s representative director’s duty as the representative director.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with H;

1. A complaint, details of account transactions, and capital management account;

1. The application of Acts and subordinate statutes to each investigation report (the primary execution reply related to a warrant of search and inspection, the secondary execution of a warrant of search and inspection, the report on the result of execution of a warrant of search and inspection of a company bank, and reporting on the results of execution of a warrant

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 concerning the relevant crime;

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area of the recommendation [the scope of the recommendation and the scope of the punishment], the basic area of the three types (the amount between 50 million and 5 billion won) (the amount between 500 million and 5 billion won) (the area of recommendation and the scope of the punishment], two-year

3. Determination of sentence (unfavorable circumstances) as the representative director of the victim company, the Defendant, as the representative director of the victim company, has a duty to use the funds of the victim company in line with the purpose of its use, but has voluntarily withdrawn the funds of the victim company

The victim company that has embezzled the defendant.