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(영문) 의정부지방법원 고양지원 2016.06.16 2016고단1126
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from October 10, 201 to November 201, worked at the legal team of the victim C Co., Ltd. from October 10, 201, and was engaged in the affairs such as the lawsuit related to the victim.

1. On February 8, 2013, at the Seoul Central District Court located in Seocho-gu, Seoul, the Defendant submitted a written demand for dividend payment to the said court as the victim’s representative of the said court D distribution procedure case, and received dividend payment of KRW 178,489,987 in total and KRW 178,210,830, and interest KRW 279,157 in the said court, and embezzled the said money for private use, such as the Defendant’s repayment of debt, etc. around that time, while the Defendant was in business custody for the victim.

2. On January 16, 2014, the Defendant submitted to the said Seoul Central District Court a written claim for recovery of deposit money to the said court as the victim’s representative in the deposit case No. 2420 of the said court in 2011 and embezzled KRW 254,173,359 out of the deposit money to the Defendant’s new bank account and deposited KRW 152,520,846 out of the deposit money to the Defendant’s new bank account for the victim and then used it for his/her business purpose, such as the Defendant’s debt repayment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each complaint;

1. A written claim for recovery of deposit, a written claim for withdrawal of deposit, a power of attorney, a written claim for each deposit, and a statement of interest on each deposit;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of details deposited in the complainant company out of the amount of embezzlement of suspects);

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] No person (1 to 3 years) in the basic area (1 to 500 million won) (1 to 3 years) of the Act on the Aggravated Punishment of Concurrent Crimes [the decision of sentencing] [the maximum amount of damage to the instant crime exceeds 30 million won, and the damage was not completely recovered.

(b) the defendant;

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