2019 Highest 2746 Occupational embezzlement

Kim Gi, 65 years old, female, and Company Board

Residential Ulsan

Emigration (prosecution) and Park Jin-Jin (Public trial)

Attorneys Yang (Korean National Assembly)

July 3, 2020

A defendant shall be punished by imprisonment for not less than five months.

Criminal facts

On April 16, 2012, the Defendant joined the victim D Machinery Co., Ltd. and has been engaged in the business of managing the company's funds as a member of the accounting staff.

On July 25, 2014, at a branch of a corporate bank located in Ulsan-gu, Ulsan-gu, the Defendant presented a passbook in the name of the above corporate bank account (Account Number omitted) to an employee in charge of the above bank and stated "value added tax" as to the transaction details, and used the passbook for personal purposes, such as non-payment.

In addition, from around that time to April 21, 2016, the Defendant: (a) deposited and transferred KRW 5,733,340 in cash on seven occasions, as indicated in the attached list of crimes; and (b) embezzled arbitrarily consumed debt repayment, living expenses, etc.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 365 and 355(1) of the Criminal Act (Articles 365 and 355(1) [Attachment Table 1 and 2] of the Criminal Act and each of the crimes listed in the list of offenses 3 through 7] choice of imprisonment

(Omission)

1. Aggravation for concurrent crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: Imprisonment with prison labor for one month to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Embezzlement and Breach of Trust 01. Embezzlement and Breach of Trust / [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from April to April

3. Determination of sentence: The circumstances favorable to the defendant are that the defendant in May, who was sentenced to imprisonment, recognized by the investigative agency to commit a crime and against his wrongness; that there is a family member to support the defendant; that is, the defendant's health status is not good; and that the victim has repaid five million won, which is a part of the amount of damage.

However, the crime of this case is a person with a duty of care to manage the company's funds in a transparent manner and not individually, and is embezzled by using approximately 5,5730,000 won of the company's public funds for an individual purpose for a period of up to two years, and thus, the crime is highly likely to be committed in a comprehensive manner. The defendant has been sentenced to a suspended sentence for 2003 due to the same crime. The defendant has a record of being sentenced to a suspended sentence for 2003 as a single crime. After withdrawal of the victimized company as a member of the other company, he/she was sentenced to a fine for 2018, and was sentenced to a suspended sentence for fraud and a suspended sentence for fraud. Moreover, the victim did not reach the present date, and the victim's full recovery of the damage was made or the victim's damage was fully recovered.

Considering these circumstances disadvantageous to the defendant, there is a need to strictly punish the defendant, so the sentence of punishment is inevitable.

In addition to the above sentencing circumstances as to the defendant, in consideration of the overall circumstances shown in the arguments in the instant case, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered within the scope of the recommended sentence according to the sentencing guidelines (However, it is not necessary to place a statutory restraint in order to continue providing the defendant with an opportunity to recover damage

Judges Park Jong-woo