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(영문) 서울북부지방법원 2015.10.14 2015고단2792
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from June 19, 2013 to April 9, 2015, worked as the head of the re-election management team of the victim C Co., Ltd. (representative D) located in Gangdong-gu Seoul Metropolitan Government (representative director D), was engaged in the business of managing the funds of the victim company while keeping a new bank account in the name of the victim company (E) and its authorized certificate.

The Defendant, using the fact that the supervision over the execution of the funds of the victim company, had the intent to embezzled the funds of the victim company by pretending to pay to the clients, etc.

On October 4, 2013, while the Defendant kept and managed a new bank account in the name of the said victim’s company in business at the victim’s office, the Defendant transferred 500,000 won to one bank account (G) under the name of the Defendant, pretending to pay a continuous reward to F who is an employee of the victim company, and used it for personal purposes, such as entertainment expenses, around that time.

In addition, from around that time to March 25, 2015, the Defendant embezzled total of KRW 120,824,638 by transferring total of 17 times to the Defendant’s account in the name of the Defendant and consuming it in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes No. 1 to 21

1. The relevant Article of criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of sentence [the scope of recommending punishment] [the grounds for sentencing of imprisonment [the scope of punishment from KRW 100 million to below KRW 500 million] [2-5] [in the event that the applicable penal law is extremely poor, the scope of comparative sentencing between the applicable penal punishment and the recommended penal punishment: 2-5 years [the decision of sentence] [the defendant] falls under a case where a person engaged in accounting affairs engages in a crime by using an opportunity to perform his/her duties and thereby commits a crime, and the defendant has committed an act that is bad in quality of the crime, and the defendant has fabricated the details of the check-up of the passbook at the time of credit transfer so that it can not be easily confirmed.

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