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(영문) 의정부지방법원 고양지원 2013.09.11 2013고합127
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From September 1, 2007, the defendant has been engaged in the financial management and accounting of the victim company D as the director of finance division of the victim company D located in Leecheon-si.

On April 1, 2009, the Defendant, at the office of the victim company, embezzled KRW 180,000,000 from the victim company’s own funds deposited in the bank account (Account Number E) in the name of the victim company to the new bank account (Account NumberF) in the name of the Defendant, and used them as personal futures option investment funds from around that time to January 31, 201, and embezzled total of KRW 9,690,000,000 for the victim company’s own funds for the personal use for 67 occasions as shown in the separate crime list from around that time to January 31, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on transactions in a new and mutual savings bank account, details of account transactions, ledger of the new and mutual savings bank receipt, customer comprehensive information inquiry, and details of transactions;

1. Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and Article 356 and Article 355(1) of the Criminal Act (amended by Act No. 11304, Feb. 10, 2012; hereinafter collectively referred to as “the Act”)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. Application of the sentencing guidelines (determination of types), embezzlement and breach of trust, 5 billion won or more to less than 30 billion won (special-presidential persons): Reduction factors: The self-denunciation [decision on the recommended area] mitigation area [the scope of recommendation area] mitigation area [the scope of recommendation area] imprisonment with prison labor for 2 years and 6 months to 5 years [the scope of punishment and recommendation range] imprisonment for 2 years and 6 months to 5 years; and

3. Determination of sentence: Determination of sentence in consideration of all sentencing factors indicated in the records, such as the character, conduct, environment, and circumstances after the commission of the defendant for three years of imprisonment, shall be determined, and the defendant shall make an individual investment by embezzlementing large amount of money over a long period of time.

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