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(영문) 대전지방법원천안지원 2020.10.23 2020고단796
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a person who was engaged in the management of funds and other duties while operating the Victim C Co., Ltd. (hereinafter referred to as “victim Co., Ltd”) located in Gyeyang-gu, Soyang-gu (hereinafter referred to as “victim Co., Ltd”) from April 2013 to December 2015.

On May 4, 2014, the Defendant, at the above victim company office, embezzled the said money to the account in the name of the victim company for the purpose of living expenses by remitting it to the account in the name of the Defendant’s wife E and arbitrarily using it for the purpose of living expenses. From around that time to April 27, 2015, the Defendant arbitrarily used the money owned by the victim company for a total of 67 times, such as the list of crimes (1) and (2) from that time to April 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. In the application of the Acts and subordinate statutes to the head of a bank, the inquiry report on the results of the transfer of a D bank, the account transfer sheet, each embezzlement sheet, the account sum sheet, the account statement under JK's name, the F Bank M account statement, the statement of account transaction under the name of F Bank C, the certificates of receipt of shares, the certificates of receipt of deposits, the certificates of receipt of deposits in the name of each D Bank C, the documents of account statement under the name of the N Bank C, the documents of account statement in the name of each F Bank I, the recipient I, the Mbba, the entire certificate of registration, the register of shareholders

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment] (the type of embezzlement and breach of trust] (the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the scope of the recommended area and the recommended amount], the basic area of the recommendation [the scope of the recommended area and the recommended amount], and one to three years of imprisonment;

2. The amount of embezzlement determined by the sentence exceeds KRW 190,000,000,000, and it is not good that the company’s money has been used for an individual purpose for a long period of time.

As seen below, damage has been incurred up to now.

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