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(영문) 서울중앙지방법원 2016.05.12 2015고단6848
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for remedy by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspended execution at the Seoul Central District Court on September 3, 2014 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment becomes final and conclusive on November 21 of the same year.

[2] The Defendant, from the beginning of April 2010 to the beginning of November 2014, worked as a general manager to assist the management company in the activities of an artist, such as an artist’s interference with broadcasting, event planning, and support.

On March 22, 2013, the CC concluded a contract for (State) F and photographic file DV file with E, a number of copies belonging to the Company, and 50% of the sales proceeds of E, such as Japanese paintings and shooting, were delivered from the F.

On March 22, 2013, the Defendant embezzled KRW 4,50,000 from the above F to the Defendant’s name bank account (G) in relation to the contract for Japanese paintings and photography, etc. as seen above, using the amount of KRW 8,534,00,00 in total eight times until September 19, 2014, as shown in the list of crimes in the attached Table, while being distributed to the Defendant’s bank account in the name of the Defendant, etc. and being kept for personal use.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution with regard to H;

1. A police statement of I;

1. A detailed statement of entry and withdrawal transactions;

1. Submission of evidential materials (such as I, J, etc. a written confirmation);

1. Supplementary statement to the gist of complaint;

1. A criminal investigation report (a copy of the contract, such as paintings and photographs related to virtual trees E, shall be attached);

1. An investigation report (a report on confirmation of the progress, etc. of preparation of a certification document by reference K);

1. An investigation report (a written statement, etc. in the name of L of the CManagement Planning Team attached);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, and Article 38.

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