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(영문) 서울남부지방법원 2020.10.08 2020고합329
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The Defendant, as an executive secretary of the Victim D Association comprised of the faculty members of the Cuniversity in Bupyeong-si, the Defendant was in charge of the management and execution of the victim's funds.

On March 20, 2008, while the Defendant kept the victim’s funds in the bank account (G) with the victim’s office around March 20, 2008, the Defendant embezzled KRW 2,000,000 for personal consumption and embezzlement, such as deposit of KRW 2,00,000 in the H bank account (I) under the Defendant’s name, and investing in stocks. From around that time to November 25, 2019, the Defendant embezzled KRW 3,960,50,880 for personal consumption and embezzlement of the victim’s funds for 253 times in total as indicated in the attached list of crimes.

Summary of Evidence

1. The Defendant’s legal statement statement statement statement statement report (the analysis of the amount of limited partnership account, suspect’s name account, stock investment, etc.) on K, investigation report (the attachment of a warrant response file and the report of modification to the existing investigation report), account transaction details, investigation report (the submission of a warrant response file and the report of modification to the investigation report), investigation report (the submission of data from Cuniversity M), deposit and withdrawal details of securities account by NN stock account, statement of profits and losses by NN stock account, copy of the passbook, bank account transaction statement, NN balance certificate, current status of investment and lending status of NN stock-only account yield, the articles of association of the D association, the overall outline of operation of the association, the total amount of transactions between the union account and the suspect’s account, the summary of deposit, the statement of deposit from the suspect’s account to the union account, the details of deposit and withdrawal from the union account from the suspect account to the union account, the application of statutes

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the relevant crime;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of embezzlement and breach of trust] shall be at least 50 million won, and less than 5 billion won (the special sentencing factor] shall be increased.

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