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(영문) 수원지방법원 2020.09.24 2020고합18
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since 2010, the Defendant actually operated the victim B, the victim C, the victim D, the victim E, the victim E, the victim F, and the victim G Co., Ltd. (hereinafter referred to as “stock company”) for the purpose of electrical construction business from around 2010.

On August 4, 2010, the Defendant: (a) transferred KRW 20 million from the Jbank account in the name of the Defendant to the post office account in the name of the Defendant in the name of the Defendant for the operation of other corporations operated by the Defendant, even though the expenditure of funds was not necessary for the work of the victim H and I, and (b) embezzled by arbitrarily using it for the operation of other corporations than the victim D; and (c) around that time, from around August 20, 2013 to August 20, 2013, the Defendant embezzled arbitrarily using KRW 5,813,713,42 of the total amount of funds owned by the victims over 430 times in total as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Each police statement about K with some of the defendants' legal statements L and M;

1. Written accusation and records of account transactions attached thereto, certified copy of corporate register, etc.;

1. In cases of an investigation report (the No. 5, 7, 20 No. 5, 7, and 20 of the evidence list) and respective accounts transaction details attached thereto, application

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 and Article 355(1) of the Criminal Act [Article 355(1) of the Criminal Act (including each of the following: victim D, victim F, Victim C, Victim G, and Victim E], and Articles 356 and 355(1) of the Criminal Act (with regard to the crime of occupational embezzlement against Victim B, collectively

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with respect to the victim F of paragraph (2) of the same Article with the largest punishment and penalty];

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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