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(영문) 수원지방법원 안양지원 2013.11.29 2013고합191
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant served as the representative director of the victim D Co., Ltd. from January 28, 2003 to October 21, 2010, and thereafter served as a director for an intra-company, and has overall control over the business of the company, such as fund management.

On September 2, 2005, the Defendant, at the victim company’s office located in Jung-gu, Seoul, Seoul, 901, made a processed purchase data as if he did not have any actual transaction relationship with the foreign customer F in cash, and arbitrarily used the company’s funds by withdrawing KRW 7,538,050. From around that time to February 14, 201, the Defendant embezzled KRW 312,166,887 of the company’s funds for 43 times in total as shown in the separate crime list, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution;

1. Each prosecutor's statement of G and H, and each prosecutor's office's statement of H and I;

1. Each investigation report (referring to the specific amount of the embezzlement and the point of time of embezzlement / Attached to documentary evidence related to the embezzlement submitted on the company's side);

1. Full certificate of the matters to be registered;

1. Application of Acts and subordinate statutes to the purchase data (number 3), reference data (number 15), and other materials;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [decision of types] Embezzlement Misappropriation, misappropriation misappropriation , Type 2 (at least 100 million won, less than 500 million won): Reduction element: where substantial one person company or family company, non-taxation of punishment, or where significant damage has been recovered: A mitigated area (at least 6 months of imprisonment or 2 years of imprisonment).

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, the defendant is a shareholder, who is a substantial one person of the victim company, and a representative director or in-house director;

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