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(영문) 인천지방법원 2017.01.13 2016고단8360
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to one year and two months of embezzlement in the Incheon District Court for occupational embezzlement, and the judgment became final and conclusive on February 13, 2014, and the parole period expired on April 12, 2015 in the Incheon Detention House.

From May 2015, the Defendant has been engaged in the management of funds, such as various kinds of receipts and remittances, as an employee of the victim (state) D's accounting team in Yeonsu-gu, Incheon and E 1004.

On July 13, 2015, the Defendant transferred KRW 4,307,290 to the Defendant’s personal passbook while he/she kept the above company’s passbook for business purposes at the above company’s office, and around that time, used it for personal use, such as entertainment expenses, at the daily center in Incheon City.

In addition, from around that time to August 31, 2016, the Defendant consumed the total of KRW 498,425,866 by the same method over 369 times, as indicated in the list of crimes in the attached Form.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Detailed statement of payment, factual confirmation, account, and account transaction;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (prior convictions of suspects and repeated crimes);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes / [Scope of the recommended punishment] Article 35 of the Criminal Act / [Scope of the punishment] There is no basic area (1 to 3 years) (1 to 50 million won) (a person subject to special sentencing] [decision of sentencing] (a decision of sentencing is contradictory to the defendant, the fact that the defendant recognizes the crime, and the fact that part of the amount embezzled has been discharged, etc. are considered as favorable to the defendant.

However, the amount embezzled by the defendant is approximately KRW 480 million, and there is no agreement with the victim, and the defendant is the period of repeated crime.

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