(영문) 수원지방법원 여주지원 2016.04.28 2015고합88

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(영문) 수원지방법원 여주지원 2016.04.28 2015고합88

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From January 2, 2006 to June 16, 2015, the Defendant engaged in accounting duties at “E” in the operation of the victim D in Ischeon-si C.

The defendant had a passbook, password, official certificate, andOTP of the victim, etc., with the intention of embezzlement of the victim's funds by using Internet banking.

On February 9, 2006, the Defendant embezzled the amount of money of the victim by transferring the sum of KRW 497,195,931 over 519 times from around that time to December 15, 2014, including the transfer of KRW 34,300 to the Agricultural Cooperative (G) account in the name of the Defendant in the name of the victim at the E office (F) around February 9, 2006.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with H;

1. The list of transactions (Embezzlements), inquiry of past transaction details (company bank 1), inquiry of past transaction details (company bank 2), inquiry of past transaction details (company 2), inquiry of past transaction details (bank 2), transaction details of the Han Bank, transaction details of the Han Bank, new bank transaction details, previous bank transaction details, inquiry of past transaction details, past transaction details, and application of law of employment certificate;

1. Grounds for sentencing under Articles 356 and 355 (1) of the Criminal Act, comprehensively including the relevant legal provisions and the choice of punishment for the crime;

1. Scope of punishment by law: Imprisonment with prison labor for one month - ten years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type of crime] 2 types (type of crime is at least 10 million won, and less than 500 million won) (the scope of recommended punishment] (the scope of recommended punishment), basic area of the punishment, one year of imprisonment, and three years.

3. Determination of sentence: A two years and six months of imprisonment: (a) the Defendant was the first offender; (b) the part of the embezzlement amount was deposited KRW 90 million in the account of the victim or his customer; (c) the victim was set off against the embezzlement amount of KRW 14,402,729, which the victim shall receive retirement pay; and (d) the victim partially repaid the amount of damage, such as deposit of KRW 15 million for the victim; and (e) the Defendant’s early employment period is against the law. However, the Defendant’s early employment period from February 9, 2006 to December 15, 2014.

참조조문

-형법 제355조 제1항

-형법 제356조

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