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(영문) 수원지방법원 안산지원 2015.11.20 2015고합206
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On October 7, 2010, the Defendant, as the managing owner of the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”), voluntarily transferred KRW 23 million from the office of the Victim Co., Ltd.’s D Building 302 to the Defendant’s bank deposit account (F) in the Plaintiff’s bank deposit account (E) in Yeongdeungpo-gu Seoul Metropolitan Government, and used the Victim Co., Ltd’s funds for the personal purpose by arbitrarily transferring or withdrawing KRW 5320,000,000 from that time until December 22, 2014, as shown in the attached Table “crime List”, to the Defendant’s deposit account.

As a result, while the defendant kept the funds of the victim company, he embezzled total of KRW 532 million in violation of his duties.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning G;

3. Details of each financial transaction;

4. Detailed data on each provisional payment;

5. Investigation report by the prosecution (in relation to the amount of embezzlement of a suspect, from October 7, 2010 to the circumstances, etc. including the list of final crime sights), the application of statutes shall apply.

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

2. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: Embezzlement crime group - Type 3 (not less than 500 million won but less than 5 billion won);

(b) Special amnesty: Substantial one company or family company; and

(c) Scope of recommending punishment: Imprisonment with prison labor for a year and six months to three years ( mitigated areas);

3. In this case, the defendant, while operating the victim company, embezzled the company's funds up to 5.3 million won in total over 108 times during a period of not less than four years, and the nature and circumstances of the crime are not considerably good and the amount of damage is also large.

The crime of the defendant is in substance caused by the crime of the defendant.

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