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(영문) 광주지방법원 목포지원 2018.06.07 2018고합25
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to a suspended sentence of one year for fraud at the Seoul Western District Court (Seoul Western District Court) and the said judgment became final and conclusive on May 20, 2016.

The defendant as the representative director of the victim B Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") has been in general managed the funds of the victim Co., Ltd.

On January 5, 2015, in order to use funds owned by the victim company while on duty for the purchase of personal stocks at a bank account (Account Number:D) in the name of the victim company in order to use funds owned by the victim company for the purchase of personal stocks, the Defendant embezzled the property of the victim company voluntarily using 821,530,850 won in total by the same method over 12 times from that time as shown in the list of crimes in attached Table from August 7, 2015, including the transfer of KRW 50,100,000 from the bank account (Account Number:F) in the name of the victim company to the E account in the name of the victim company, and then arbitrarily using the purchase price, etc. for personal stocks.

Summary of Evidence

1. The defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the H part, part of the statement);

1. An investigation report (a report on the execution of a warrant of search and seizure applied to the financial account trend), a criminal investigation report (a report on the attached details of transactions A by a suspect), and a criminal investigation report (a report on the details of repayment of provisional deposits by a corporation);

1. Details of transactions (not more than one right to investigation records and not more than 79 pages);

1. Each (State) B Audit Report (2015, 2016) and receipt for deposit and withdrawal from the Customer’s position and account from 2014 to 2016;

1. A certified copy of the registry;

1. X-cell files containing the details of use of corporate funds;

1. Before judgment: Application of a written inquiry about criminal records and investigation records, each of the court rulings (not more than 1: 35 pages of investigation records, not more than 43 pages), summary information inquiry of the case (Seoul Western Prosecutor 2016 type 210 type c. 210 type c.);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) (including provisions) of the Criminal Act concerning the crime;

1. The Criminal Act dealing with concurrent crimes;

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