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(영문) 인천지방법원 부천지원 2019.10.11 2019고합106
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant is a representative who operates D (hereinafter referred to as “D”) specialized in the production and sale of group uniforms in Bupyeong-si B and C.

Around January 25, 2017, the Defendant arbitrarily transferred KRW 10,000,000 to the E-bank account under the name of the Defendant in the foregoing D office to the E-bank account under the name of the Defendant, and used it for the personal purpose after arbitrarily transferring the amount of KRW 10,00,000 to the E-bank account under the name of the Defendant, from that time to December 15, 2018, and embezzled the Company’s funds by using the total amount of KRW 2,301,391,50 for 308 occasions, such as the list of crimes (1) and (2) as shown in the attached Table of Crimes, from that time to December 15, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written accusation filed against H or I;

1. A detailed statement of each account transaction, a detailed statement of financial transactions, a detailed statement of entry and departure transactions, and a detailed statement of advance purchase;

1. Application of investigation reports (Evidence Nos. 21) and attached Acts and subordinate statutes;

1. Relevant Article on the crime, and Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the selection of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommendations on the sentencing criteria [the range of recommendations] [the range of recommendations] [the scope of punishment] on the grounds of Embezzlement 3 types (the amount of 500 million won to 500 billion won) [the amount of 500 million won to 5 billion won] ] companies and family companies [the scope of recommendations] reduced range of 1 year and 6 months to 3 years.

3. The crime of this case by which the defendant withdraws funds of approximately KRW 2.3 billion in total and uses them for personal purposes, such as gambling, etc., and the crime of this case is highly likely to be committed in light of the circumstances, contents, and amount of damage, etc.

However, the defendant recognized the crime of this case and himself.

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