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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On July 2, 2010, the defendant was sentenced to the suspension of the execution on July 10, 2010 to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in Busan District Court's branch branch court, and was sentenced to the suspension of the execution on July 10, 201.
According to the evidence of this case, the defendant was sentenced to one year of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes ("the First Final Judgment") in Seoul High Court on September 29, 2006, and the judgment became final and conclusive on October 4, 2006 (hereinafter "the First Final Judgment") and the above Busan District Court's final and conclusive judgment ("the Second Final Judgment") was committed before the first final and conclusive judgment becomes final and conclusive.
However, the facts of the crime of this case are low between the date of the first final judgment and the date of the second final judgment, and thus, since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the second final judgment is a case where the judgment cannot be pronounced at the same time, the crime of this case falls under the latter part of Article 37 of the Criminal Act, but Article 39(1) of the Criminal Act is not applicable.
1. The Defendant is the actual operator of G Co., Ltd. (hereinafter “G”) and I, a corporation for the golf practice range business in Seoul H, which is a corporation for the implementation of the apartment development business in the “F” of the Gangwon-do Stick line (hereinafter “I”).
2. The Defendant’s embezzlement of the Victim G funds stated in the indictment for the amount of KRW 34.15 billion in the amount of KRW 39.2 billion in the amount of funds borrowed from the Hyundai Swiss Savings Bank, but the amount of loans deposited in the new bank account (J) in the name of the company in charge of the settlement of accounts (J) is clearly KRW 34.15 billion in the evidence records, and there is no hindrance to the Defendant’s exercise of the Defendant’s right to defense, and thus, it shall be corrected ex officio without any amendment to the indictment.
(J) shall be in the interest of the new bank account in the name of the company.