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(영문) 인천지방법원 2014.09.04 2014고단3143
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From March 8, 2011 to October 7, 2013, the Defendant had been engaged in the business of managing customer’s passbook, securities card (CMA card) and slips at the Korea-Japan Investment Securities D points with the third floor of the Seoul Yangcheon-gu Seoul Building 304 and engaged in the business of managing customer’s trust financial assets, etc.

On February 27, 2013, the Defendant, together with Dong Jae E, intended to use the same as restaurant premium, down payment, etc. in the name of "F" in the East city, and then withdrawn KRW 80 million from the Korean currency securities account of the victim established at the above Handi Investment Securities D branch in the course of business with trust from the victim G and then used for personal purposes from the time of transfer to the Daegu Bank account in the name of E on the same day.

8. Between the end of 26.21, a sum of KRW 351,440,000 was withdrawn from the Korean currency securities account of eight victims, including the victim H, and embezzled by 21 times in total as shown in the list of offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A written accusation;

1. Personal data of each bank;

1. Application of Acts and subordinate statutes to investigation reports (account tracking results reports);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution and the basic area (8 to 50 million won): In a case where, as a result of the combination of identical competitions, the one-stage increase in the type of punishment (special mitigation) has increased or significant damage has been recovered as a result of the combination of crimes / In a case where the law on the suspension of execution of crimes is inferior (the decision of sentence] (the decision of sentence is made by a financial employee), as seen above, the defendant is the first offender and has a depth of crimes, circumstances leading to

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