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(영문) 서울중앙지방법원 2016.12.02 2016고단7336
업무상횡령
Text

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

Reasons

Punishment of the crime

On February 16, 2016, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Central District Court on February 16, 2016, and the sentence became final and conclusive on April 23, 2016, and was enrolled in C with music record, etc. for the purpose of accounting work around 2009.

On December 21, 2009, the Defendant embezzled KRW 230,000,00 from the corporate account of a stock company C, which is in business custody using Internet banking and banking automation devices, etc., to the Korean bank account (E) in the name of the Defendant, from that time to November 12, 2012, the Defendant arbitrarily transferred the total amount of KRW 369,095,105,05 to the City Bank account (F) in the name of the said account and the Defendant, as shown in the list of crimes, from that time until November 12, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Certificates of details of transactions and deposit transaction records;

1. The details of entry and withdrawal, each corporate register;

1. Previous convictions in judgment: Criminal records, summary of case agreement assistance, application of court rulings and other statutes;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reasons for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes are as follows: (a) the Defendant has embezzled the amount of money of a victimized company repeatedly for three years; and (b) the total sum of the embezzled amount is KRW 369 million,00,000,000.

Of the amount of embezzlement, 260,188,466 won was used as the corporate operation fund, and the actual amount of damage was 108,906,639 won, and the damage was not recovered.

The instant crime shall be considered the equity in the case of judgment in the concurrent relationship between the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the latter part of Article 37 of the Criminal Act.

The age of the defendant;

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