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(영문) 인천지방법원 2014.11.05 2014고합389
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. The defendant, such as the status of the defendant, is the kind of E, who is the chairperson of E, and has a title of advisory position of D from May 201 to (State) from around November 1, 2009, F is the co-representative of D, who is the victim company from around November 1, 2009, and the representative director from around March 25, 2010, who is in charge of affairs such as the management of the company's property, etc., and is a person who has a duty to not make any act that worsens the state of D's business and financial status due to disbursement or excessive disbursement of necessary expenses in operating D.

2. Criminal F: (a) appointed the Defendant, who is the E’s sentence, as an adviser on the name of (ju)D; and (b) made monthly payments to the Defendant; and (c) consented thereto.

On June 1, 2010, the Defendant, in collusion with F, received KRW 2,417,50 per month from D at the office of the above (ju) D representative director, as advisory fees, and received KRW 135,122,500 per month from D to April 10, 2014 as an aggregate of advisory fees and transportation expenses (50,000 per month) as shown in the attached crime list from around that time to around April 10, 2014.

Accordingly, the Defendant embezzled the property of the State(State)D in collusion with F.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding F by the prosecution;

1. A copy of each statement of G;

1. A detailed statement of each account transaction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1) and 30 of the Criminal Act concerning the choice of criminal facts (generality of imprisonment and choice of imprisonment);

1. Article 62(1) of the Criminal Act: The reason for the suspended sentence (hereinafter referred to as “contributable circumstances”)

1. Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) (a decision of type) shall be at least one hundred million won but less than five hundred million won (a range of recommending punishment) and one year to three years (a basic area).

3. The defendant shall be sentenced to a sentence;

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