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(영문) 광주지방법원 순천지원 2014.01.16 2013고합189
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for four years.

The defendant pays to the applicant for compensation the amount of KRW 1 billion in embezzlement amount of KRW 20 billion.

3.2

Reasons

Criminal facts

On October 23, 2006, the Defendant entered the Victim D Co., Ltd. (hereinafter “victim Company”) and worked as the head of the Victim Company management team from around 2011 to November 201, 201, and was in charge of the fund management.

On January 19, 2012, the Defendant transferred KRW 10 million deposited in Gwangju Bank account (Account Number E) in the name of the victim company to his own Gwangju Bank account while carrying out business for the victim company, and then withdrawn it at that time and embezzled it through stock investment and Internet gambling. From that time to November 22, 2013, the Defendant deposited KRW 1,165,657,758 in the same manner as the Defendant’s Gwangju Bank Account (Account Number E), Enterprise Bank Account (Account Number G, H), Agricultural Bank Account (Account Number G, Account Number I), Agricultural Bank Account (Account Number) and Agricultural Bank Account (Account Number I), and then withdrawn it and embezzled it through investment and internet gambling around that time.

Summary of Evidence

Defendant’s legal statement

Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356 and 355(1)2 of the Criminal Act, and Article 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation Orders, Etc., concerning the following facts: (a) the details of written statement of the police against L; (b) each suspect A’s Gwangju Bank; (c) the name of the suspect A transaction; and (d) the corporate bank transaction under the name of the defendant A transaction;

1. Scope of applicable sentences under law: Three years to thirty years; and

2. Scope of the sentencing guidelines: Imprisonment with prison labor for three to five years (determination of a type), embezzlement and breach of trust, Type 3 (at least KRW 500 million to below KRW 500 billion) (the recommended field and the scope of recommendations), and imprisonment.

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