2015Gohap533 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), Fraud

Kim ① (1) (71-year life, South) and unpaid (employee of all financial institutions)

Residential Pyeongtaek-si

Reference domicile Chungcheongnam-gu, Chungcheongnam-gu

Type 5 (Courtrooms) and Courtrooms (Courtrooms)

Law Firm New Name, Attorney Yang Soo-soo, Kim Hyun-soo

March 17, 2016

A defendant shall be punished by imprisonment for six years.

Facts of crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement);

From November 1, 1989 to August 201, 2015, the Defendant mainly engaged in the customer’s asset management work, such as selling of financial instruments, consulting on issues of stocks, and selling of financial instruments.

When the Defendant, while attending the above company and making a private equity investment, but is likely to incur a big loss, the Defendant transferred funds deposited in the securities account of the customers who manage the company to his/her family and the next borrowed account in his/her name, and was willing to compensate for personal losses by transferring the funds to the account in his/her name.

On October 25, 2002, the Defendant received securities account (******************* KRW00,000 won from the Defendant’s female KimB’s bank account managed by the Defendant and received KRW 2,30,00 won from the Defendant to July 2, 2015, and received KRW 70, KRW 87,000 from the Defendant to the Defendant’s total of KRW 7,00 won from the Defendant’s account and received KRW 7,00 won from the Defendant’s customers to the Defendant’s account for the purpose of causing loss: KRW 7,00,000 from the Defendant’s female KimB’s account, and KRW 7,000 from the Defendant’s account to the Defendant’s total of KRW 7,00,000: KRW 1,000 from the Defendant’s account and KRW 28,378,478,258,285,27,37,000.

Accordingly, the Defendant embezzled the property of the victimized company.

2. Fraud;

If so, - - - the purchase of shares was made false.

However, the Defendant, even if receiving the purchase fund from the victim, was planned to use it for personal debt transition, etc., and thus, even if receiving the above money from the victim, - - did not have the intent or ability to purchase the shares -

The Defendant received 100,000,000 won from the victim to the non-investment certificate account in the name of the defendant KimD, the defendant's name on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 356 and Article 355 of the Criminal Act

section 1(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

Concurrent crimes within the scope of the sum of the long-term punishments of each of the crimes in violation of the Punishment, etc. Act (Embezzlement)

[Aggravation]

Reasons for sentencing

○ 1 Crimes [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)]

[Determination of Type] 3 Embezzlement and Breach of Trust (at least 500 million won, but less than 5 billion won)

[Scope of Recommendation] Imprisonment with prison labor for not less than three years but not more than six years

○ 2 Crime (Offense of Fraud)

[Determination of Type 2] General Fraud (at least KRW 100 million, less than KRW 500 million)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment with prison labor for not less than one year but not more than four years;

○ Final scope of sentence: Aggravation of multiple crimes (the upper limit of crimes + 1/2 of the upper limit of crimes) three years of imprisonment;

More than eight years but less than eight years;

○ Determination of sentence

The Defendant, as an employee of a financial institution, embezzled or fraudulently acquired money of 4 billion won (4 billion won) from a long time by issuing a written confirmation of balance stating false facts to the customer while using the money deposited by the customer as an employee of the financial institution for the purpose of the financial institution without permission. The Victim** the Securities Company paid the amount of damages suffered by the customer, but among them, the amount paid by the Defendant to the damaged company is merely 100 million won, so it is difficult to deem that sufficient damage was recovered or that the Defendant made its best efforts to recover the damage (in addition, even if there is insurance money to be paid in the future to the victimized company, it is somewhat inappropriate to immediately consider such circumstance as favorable to the Defendant, even if there is the insurance money to be paid in the future, it is inevitable to sentence the Defendant with severe penalty equivalent to the nature of the crime and the degree of damage.

However, considering the fact that all of the crimes of this case are recognized and reflected by the defendant, the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment, etc., and other various sentencing conditions shown in the defendant's age, character and conduct, environment and environment, the punishment is determined as per the order within the scope of the recommended sentence according to the sentencing guidelines set by the Criminal Procedure Commission

Judges Lee Dong-won

Judges Sung Jae-in

Judges Park Jae-chul