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(영문) 대전지방법원 천안지원 2016.07.06 2016고합85
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From September 1, 2010, the Defendant has been engaged in the business of selling, managing, receiving, domestic transfers, etc. of the victim corporation D, which was located in Yongsan-gu, Busan Metropolitan City, Manyang-si, as an overseas store manager of the victim corporation D, which was located in the victim corporation of Lidae-gu, Lidong-gu, Lidong-si.

On May 201, the Defendant sold high-speed cars (number E) invested in the middle and high-speed store of the victim company to foreign countries, and deposited US$ 10,200 for the purpose of the victim company. Around that time, the Defendant used them for personal purposes, such as gambling funds, at the gambling place located in the above foreign country.

From that time to April 2012, the Defendant consumed 483,900 US dollars (559,964,241 US dollars on May 31, 2012) in mind, which was kept in business for the victim company, by making a sum of 74 times in Ekicare, such as written in the list of crimes in attached Form.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A vehicle sales receipt;

1. A bill of lading;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 applicable sentences under law: Three years to thirty years; or

2. Application of the sentencing guidelines [the types of decisions] Type 3 (at least KRW 500 million but less than KRW 500 billion) (the scope of recommended punishment] (the scope of recommended punishment] basic area (at least two years to 5 years).

3. Determination of sentence: Imprisonment with prison labor for three years, the sum of damage incurred by the victim company shall reach approximately KRW 560 million based on Koreanation as a result of embezzlement of the amount of money of the victim company several times a year, which is held in a foreign country and kept in custody of funds of the victim company;

The defendant is gambling all of his embezzlements.

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