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(영문) 서울중앙지방법원 2018.02.09 2018고합16
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From May 2008 to August 2017, the Defendant: (a) was a communications business in the Republic of Congo (hereinafter “CFO”) located in the Republic of Congo in the Republic of Congo in around 2006, and exercised management rights by holding 51% of the shares issued at E Co., Ltd.; and (b) was working as a financial director (CFO) who sells the said shares to the company located in the Republic of Congo on August 2017.

around August 28, 2008, the Defendant was in custody of 10,000 US dollars (Korean Won 10,729,632 Won) which was in custody of the Defendant for business in a depository located in the office of the said victim company.

In addition, after the transfer from a nearby bank to the KEB account (F) of one bank account in its name, consumption was made for personal purposes such as stock investment.

The Defendant, including that, from around that time to July 26, 2017, embezzled USD 1,014,50 ($ 1,161,186,342) of the total amount of the victim’s ownership of the Defendant’s company that the Defendant had kept in his/her business for 99 times by means of the foregoing method, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on investigation (Submission of details of transactions of securities accounts);

1. (Specific to Committing a Crime) the Account Transaction Details (Account Number: H), (Account Number) the Account Transaction Details (Account Number specified for Committing a Crime), the Account Transaction Details (Account Number: I), the Account Transaction Details (Account Number: J) the Account Transaction in the KEB bank, (Account Number) the Account Transaction Details in the KEB bank account (Account Number: K), the KIKO Securities Account Transaction Details (Account Number: L), the KIKO Securities Account Transaction Details (Account Number: Account Number); and the KIKO Securities Account Transaction Details (Account Number: M).

1. Grounds for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act concerning the relevant crime;

1. Scope of punishment by law: Imprisonment with prison labor for not less than three years nor more than thirty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the range of the recommended punishment [the range of the recommended punishment], the chief of the office of trust, the third type (at least KRW 500 million but less than KRW 500 billion) [no person subject to special sentencing] [the scope of the recommended punishment] basic area, the term of imprisonment from 2 years to 5 years.

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