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(영문) 서울서부지방법원 2021.02.03 2020고합296
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 2008 to November 9, 2019, the Defendant served as a person in charge of general affairs and accounting in the Dweb services located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and was in charge of the management of funds, such as receipt of wedding and annual funds.

Around December 9, 2010, the Defendant: (a) collected KRW 4,680,000 for annual events of the E branch; (b) was kept in the custody of the victim on behalf of the Defendant; (c) was reversed the agreement and statement related to the annual event; (d) was pretended as having been aware of the event; and (e) used the annual event price for personal purposes, such as living expenses; and (e) was embezzled from December 9, 2010 to November 9, 2019 for total of KRW 894,831,00 for the said victim on a total of 589 occasions, as indicated in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as reporting the F on the results of the Investigation Committee in violation of the order of action by executives and employees of the police statement protocol against F, emotional statements which are the amount embezzled, wedding account sheets, and wedding account sheets;

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 comprehensively covering the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the types of embezzlement and breach of trust] [the three types], the amount of at least 500 million won, and the amount of less than 5 billion won [the amount of special sentencing] mitigation factors: where the punishment is not granted or a significant damage has been recovered [the scope of the recommended punishment and the scope of the recommended punishment] mitigation area, one year and six months to three years imprisonment.

3. The Defendant, who was sentenced to the sentence, committed repeatedly over 589 times during the nine-year period of a fiduciary relationship, and the amount of embezzlement also exceeds the total amount of 90 million won.

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