2016Gohap1375 Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement)

Good Occupational Embezzlements.

A

Han commercial le (prosecution), chip (public trial)

Attorney B

June 23, 2017

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

【Basic Facts】

The defendant, from around 196 to around 1996, operated the company as the representative director of the victim corporation D (hereinafter referred to as the "victim") who imported and distributed the general taxation items of It's brand "C" (hereinafter referred to as the "C"), and operated the "E" (hereinafter referred to as the "E"), using human resources and material resources of the victim company's company's capital, while promoting the business of importing and distributing tax-free clothing, and operating the above business of importing and distributing the above tax-free clothing in Hong Kong. On the other hand, the defendant was engaged in the business of managing the victim's company's name and its assets such as establishing and operating the "F" (hereinafter referred to as the "F"), while he was engaged in the business of managing the victim's assets from November 9, 200 to January 5, 2009.

【Criminal Facts】

On July 11, 2008, the Defendant, at the office of the victim company located in Seocho-gu Seoul Metropolitan Government, transferred USD 3,000 ($ 3,057,360 in the Hong Kong HSBC account in the above F name) to the Defendant’s account in the name of his father H, and subsequently voluntarily consumed the Defendant’s transfer of USD 341,90 ($ 406,412,50 in total) in total over 46 times from around that time to January 12, 2012, as shown in the list of crimes in the separate sheet of crimes.

Accordingly, the defendant embezzled the property of the victim company, which was under custody in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a report on investigation (a copy of the investigation records of data No. 813-815, No. 895-915, for example of account transactions);

1. The corporate register, exchange rate table, and account transaction;

Application of Statutes

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

Articles 356 and 355(1) of the Criminal Act (generally, the choice of imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

Reasons for sentencing

1. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Type 2 (not less than KRW 100 million but less than KRW 500 million)

[Special Sentencings] Mitigations: In a case where punishment is not granted or substantial damage has been recovered;

[Scope of Recommendation] Imprisonment from six months to two years (Mitigations)

2. Determination of sentence;

The crime of this case is that the representative director of an importing and distributing company of taxable clothes has consumed approximately KRW 400 million of the company's funds for the purpose of school registration of children, living expenses, etc. for three years and six months, and the nature of the crime and the amount of damage are not provided for in light of the period and amount of the crime.

However, there are favorable circumstances such as the fact that part of the embezzlement (70 million won) has been repaid, the management of the victim company has deteriorated, the victim company has worked on a lump sum without remuneration, the victim company wanted to have a prior wife by agreement with the defendant, the defendant has no criminal power other than twice the previous fine, and the fact that the victim suffers from heart diseases, etc. due to the age of 66 years old.

In addition, considering the various circumstances shown in the records and arguments, such as the character, conduct, intelligence and environment of the defendant, relationship with the victim, motive and consequence of the crime, circumstances after the crime, etc., the punishment as ordered within the scope of the sentencing guidelines shall be determined and the execution thereof shall be suspended.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

A person shall be appointed.

A person shall be appointed.