특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
From November 3, 2008 to September 27, 2013, the Defendant, as an office of the victim C Bank (hereinafter “victim Bank”), took charge of funding, such as lending and execution of related fees, and management of passbooks and accounts receivable in the name of the victimized Bank.
On August 1, 2013, while the Defendant kept 10,000,000 won in the office of the damaged bank located in Busan Jung-gu, Busan, the Defendant arbitrarily transferred the funds of the damaged bank to the agricultural bank account under the name of the Defendant and embezzled the funds by investing in the shares.
From around that time to September 9, 2013, the Defendant embezzled KRW 1,689,00,000 over 173 times as shown in the list of offenses.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. A complaint;
1. A copy of the bankbook of the damaged bank and a detailed statement of the suspect entry and departure;
1. Application of Acts and subordinate statutes to a criminal investigation report (such as a written application for coal);
1. 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 crime concerned;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of the suspended sentence] The reason for the sentencing [the scope of the aggravated sentence] : one year and six months to fifteen years [the decision of the sentenced sentence] ; the crime of embezzlement and breach of trust ; the crime of Type 3 (at least KRW 500 million, but less than KRW 5 billion); the case where a significant damage has been recovered [the special sentencing factors] [the special sentencing factors] (the range of the recommended punishment] ; the case where a significant amount of damage has not been restored [the range of the sentenced punishment ] 1 year and six months to three years [the range of the suspended sentence ] ; the case where a significant damage has been recovered - the main reasons for the suspended sentence - there has been no criminal conviction or more before the suspended sentence - The case where the defendant committed the crime of this case for two years and the crime of this case for three years under the suspended sentence ]