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(영문) 서울동부지방법원 2016.07.05 2016고단352

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 2, 201, the Defendant received 80,000,000 won from the representative director of the E-stock company to the corporate bank account (Account Number I) in the name of the Defendant’s corporate bank account in the name of the victim G, and remitted 6,00,000 won to the bank account under the name of J on September 23, 201, and remitted 6,000,000 won to K, L, M, and N on the same day for employees’ monthly salary, and remitted 10,00,000 won to theO on the same day under the name of the Defendant’s corporate bank account (Account Number I). The Defendant arbitrarily transferred 6,00,000 won to the bank account under the name of J on September 24, 201, and voluntarily remitted 30,005,000 won to the bank account under the name of J on the same day. < Amended by Presidential Decree No. 173150, Sep. 24, 2011>

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement (including the statement in G and P) of the defendant in the suspect interrogation protocol (including the statement in G and P) of the police's statement to the defendant in each police interrogation protocol (including the statement in G) G of the police's suspect interrogation protocol, the certificate of business registration, the statement of separate transactions in each account (the defendant, theJ), the investigation report (a separate statement in the suspect interrogation protocol in the case of fraud) to the defendant;

1. Article 355 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in a large number of the defendants with the reason for sentencing, and considering the fact that the total amount of damage caused by the instant crime is not significant, it is necessary to severely punish the defendant. However, the defendant has no record of punishment above the same kind of crime and suspended execution, and the defendant has no record of punishment above the same crime and suspended execution, confession and reflect, the victim does not want the punishment against the defendant by agreement with the victim, and there are some other circumstances that may be somewhat taken into account in the course of the instant crime.