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(영문) 서울중앙지방법원 2017.11.08 2016고단9539
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to imprisonment for two years with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Seoul Central District Court on December 22, 2016, and the judgment was finalized on December 30, 2016.

The defendant has been engaged in the operation and fund management of the company as the largest shareholder and the representative director of the Guro-gu Seoul Metropolitan Government Dispute Resolution E in the second 405 building.

On September 24, 2010, the Defendant sold KRW 1,800,000 to (State)G, a competitor, for approximately KRW 1,80,000,000, the Defendant arbitrarily consumed KRW 153,00,000 out of the proceeds of sale for the Defendant’s shares (31,300 shares) in the name of Defendant’s wife around March 24, 201, for the purchase cost of the shares (State) in the name of Defendant’s wife.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. List of shareholders and contracts for transfer and takeover of shares;

1. Previous convictions: The results of inquiry and the application of the statutes governing the judgment;

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (i.e., the amount of embezzlement, while there are circumstances to consider the background leading to the instant crime; the defendant cannot be deemed to have acquired special benefits from the instant crime; the defendant has no record of criminal punishment prior to the instant crime; and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which has become final and conclusive, should be considered concurrently with the crime of violation of the said Act);

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