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(영문) 인천지방법원 부천지원 2021.02.17 2020고단3440
업무상횡령
Text

In 8 months of imprisonment with prison labor for the crime committed by the defendant Nos. 1 to 8, the list of crimes in the holding.

Reasons

Punishment of the crime

[criminal records] On December 20, 2018, the Defendant was sentenced to a suspended sentence of ten years for criminal fraud at the Incheon District Court on October 20, and the above judgment became final and conclusive on December 28 of the same year.

[Criminal facts] The Defendant is the actual operator of the Victim B Co., Ltd. (hereinafter “victim”) who was engaged in the business of fund management of the victimized Company.

On October 31, 2017, the Defendant arbitrarily consumed KRW 20,000,000 in total over 11 times, as shown in the separate crime list, from around March 11, 2019 to around March 11, 2019, from an enterprise bank account (C) in the name of the victimized company to the E (F) account in the name of the Defendant’s bank account in the name of the victimized company.

Accordingly, the defendant embezzleds the funds of the damaged company in occupational custody.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. A copy of the details of transaction under the name of the complainant, E (F) transaction under the name of the company B, B transaction details of bank account under the name of the company B, G bank account transaction details under the name of the company B, B transaction details of the bank account under the name of the company B, B transaction details of the bank account under the name of the J (K) transaction details of the company bank account under the name of the company under the name of the J (1 January 1, 2018 - May 13, 2019), B transaction details of additional transaction of bank account under the name of the company B, B transaction details of bank account additional transaction of the bank account under the name of the company under the name of the J (K) transaction details (2018 - January 1, 2018

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes during the period of suspension of execution;

1. Relevant provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act (the point of re-Embezzlements 1 through 8 in the table of crime in the holding, the choice of imprisonment), Articles 356 and 355(1) of the Criminal Act (the point of re-Embezzlements 9 through 11 in the table of crime in the holding, and the choice of fines) of the same Act concerning criminal facts;

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) (only between embezzlement No. 1 through No. 8 of the Crimes List as indicated in the holding and between frauds as indicated in the judgment becomes final and conclusive);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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