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(영문) 수원지방법원 성남지원 2018.01.25 2017고단2759
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the de facto representative director of the Victim E Co., Ltd. in Hanam-si, was the victim E, and received deposits from the victim’s next nonmember to the bank account (F) in the name of the victim and kept in custody for the victim. On January 5, 2014, the Defendant arbitrarily used KRW 50,000,000 from the Tti Bank account in the name of the Defendant’s living expenses and real estate investment funds from the Tti Bank account under the name of G to the SC Bank account (H) account in the name of G. From that time to December 16, 2015, the Defendant embezzled KRW 353,284,400 in total over 16 times from that time to December 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the transactions in the Ethy Bank, the details of transactions in the accounts in each account, the president of each account, the details of transactions in the accounts in the name of national bank, the details of transactions in the accounts in the name of G, the details of transactions in the accounts in the name of SC Bank, the agricultural

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of criminal facts; the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Type 2 (10 million won to be less than 500 million won) [6 months to 2 years] [Special mitigated Persons] The defendant's decision of sentencing] is against the defendant, a significant portion of the embezzled amount has been deposited in the company again, and other factors of sentencing as indicated in the records and the theory of changes, such as the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered, and the sentence shall be determined as ordered.

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