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(영문) 인천지방법원 2016.10.13 2016고합619
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From June 28, 2011 to March 2014, the Defendant has been engaged in accounting duties as a member of the victim D Co., Ltd. in Songpa-gu Seoul building C, and has kept the passbook in the name of the victim company for the sake of the victim company.

Around July 8, 2011, the Defendant: (a) exchanged 1,000,000N deposited in a foreign exchange bank passbook (E) in the name of the victim company to a passbook (F) in the name of the Defendant; (b) returned 12,948,000 won to a national bank in the name of the Defendant; and (c) subsequently returned 1,948,000 won; and (d) consumed 1,000 won for personal purposes, such as repayment of debt, living expenses, etc., in the name of a member in the Seoul Si/Gu around

The Defendant, including that, from around that time to March 14, 2014, embezzled USD 743,771,328 in Korean won over 128 occasions as indicated in the attached list of crimes, and embezzled USD 1,153,00 in Korean won, USD 6,590 in mind.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A petition for complaint and materials attached thereto;

1. Account details (number 32);

1. Application of Acts and subordinate statutes to a criminal investigation report (examination of evidence of a crime committed by a suspect and data on tracking accounts, and examination of a statement of account transactions with a suspect himself/herself);

1. 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 comprehensively covering the relevant criminal facts;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors favorable to the following reasons for sentencing)

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

2. The scope of recommendations on the sentencing criteria [decision of types] the basic area of the types of embezzlement and breach of trust (not less than 500 million won, less than 500 billion won) (the scope of recommendations] : two years to 5 years.

3. Determination of sentence: Imprisonment with prison labor for two years and six months, the Defendant committed an offense of embezzlement of approximately KRW 760 million in total for two years while serving as an employee in charge of accounting of the victim company.

The defendant has embezzled money.

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