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(영문) 인천지방법원 2018.03.23 2018고합4
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 August 197 to August 2015, the Defendant managed the passbook, password, etc. of the account in the name of the victim (g)C while taking charge of accounting and accounting affairs in Yeonsu-gu, Incheon, and the victim (g)C.

The defendant was in custody of C Office on April 1, 2008 for business purposes.

After transferring KRW 2,900,00 from the account (Account Number G) of Han Bank (Account NumberF) to the account of a national bank in the name of the defendant, it used it at will for the personal purpose at that time and embezzled it, and then embezzled it by using it for the personal purpose at will during the same period from April 1, 2008 to July 22, 2015 in the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of each transaction and banking transaction;

1. A investigation report (verification of details deposited from C account to A account);

1. Investigative report (Submission of A benefit Ledger);

1. The wage ledger;

1. Application of Acts and subordinate statutes to a criminal investigation report (a comparative analysis and report of suspect A's amount of embezzlement and repayment details);

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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 32 (1) 3 and (2) and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Dismissal of Application for Compensation Orders (the scope of Defendant person's liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal proceedings);

1. The scope of punishment by law: September - July; and

2. The range of recommended punishment according to the sentencing guidelines [the type of embezzlement determination] Type 3 (at least 500 million won, less than 5 billion won) (the number of special sentencing factors] is self-denunciation;

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