logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2015.11.26 2015고합70
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

On November 29, 2013, the defendant was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Eastern District Court on November 29, 2013, and the judgment became final and conclusive on May

From June 1, 2010 to August 2012, the Defendant worked as the vice president of the victim C Co., Ltd. from June 1, 2010, and took overall charge of the management and operation of funds of the victim Co., Ltd.

On September 23, 2010, the Defendant embezzled KRW 850,246,983 in total of the funds of the Victim Company from September 16, 2010 to October 29, 2010, when the Victim Company kept operating funds of the Victim Company at the Victim Company D, transferred KRW 22,00,000 from the Victim Company’s account to the Defendant’s wife E account, and embezzled it by using the Defendant’s personal stock investment in payment of corporate bonds related to the Defendant’s personal stock investment, and embezzled it from September 16, 2010 to October 29, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A investigative report (a) (Attachment of embezzlement data);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a report on investigation, confirmation of a separate judgment, criminal records, etc.;

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 comprehensively covering the relevant criminal facts;

1. Statutory mitigation (self-denunciation) Articles 52 (1) and 55 (1) 3 of the Criminal Act;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the sentence shall be imposed in consideration of the equity between the crimes in question and the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of which judgment has become final and conclusive, and the crimes in question are

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

1. Scope of punishment by law: Imprisonment with prison labor for September - July;

2. The crime of this case according to the sentencing criteria is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentencing criteria shall apply.

arrow