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(영문) 전주지방법원 2017.08.31 2017고합90
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From December 22, 2014, the Defendant has been working for the POS contract management team of the POS contract in Yongsan-gu, Seoul, and has been engaged in the duties such as entering into a contract, establishment of security, and collection of deposit money for the victim company located in Daegu and Northern areas.

Upon termination of the lease agreement of E, which is an agency for the victim company located at the border port of North Korea on December 13, 2015, the Defendant demanded F, a lessor of the above store, to return KRW 100 million to the account of G certified judicial scrivener, not the victim company’s account, and demanded F, a lessor, to transfer KRW 100 million to the new bank account (H) of G certified judicial scrivener on the same day. On the same day from G certified judicial scrivener, the Defendant received KRW 100 million from G to the future of the Defendant’s name, and used the money for personal purpose, such as living expenses, stocks investment, etc. of the Defendant, and then consumed KRW 639,26,910,00 in total on six occasions from around the same day to July 26, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Account transactions;

1. Application of Acts and subordinate statutes to a complaint (including a criminal suspect's work resume, nine copies of a lease agreement, a statement of inquiry of liquidity transaction details (including entry and withdrawal details of G certified judicial scrivener), each national bank account transfer details (A), three copies of internal items, three copies of a notice of termination of a lease agreement, and waste points related to K);

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 concerning the crime in question;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of the recommended sentence [the scope of the recommended sentence].

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