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(영문) 인천지방법원 부천지원 2021.01.21 2020고단2004
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person working as a PD, and the victim B is a corporation engaged in the business of producing and supplying broadcast programs, and the Defendant was working as a PD for the “D” program of the C channel produced by the victim company against the program produced by the victim company.

피고인은 2017. 2. 20. 불상의 장소에서 피해자 회사의 직원인 E에게 “D 프로그램의 특성상 보조 출연자가 많고 세트제작이 필요한 데 회사에서 수시로 결제하기가 어려우니 제작비를 계좌로 보내주면 자신이 스텝 용역 비 등 제작비를 지급하도록 하겠다.

“Along with the word “,” and transferred KRW 1 million from E to a new bank account under the name of the Defendant, and kept for the victim’s company, the victim used the said KRW 1 million at will for personal purposes such as living expenses.

In addition, from that time until June 13, 2017, the Defendant: (a) received a total of KRW 30,500,000 from the victim company from the victim company to the new bank account under the above Defendant’s name; and (b) embezzled KRW 30,50,000 for the victim company by using the said KRW 30,50,000 for personal purposes, such as living expenses, etc. around that time.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement(2) summary of the police statement made by the defendant with H, a criminal investigation report (to a witness E and telephone conversations), account transaction details (the details of remittance of the victim company), investigation report (Attachment to the details of transactions made by the suspect) to H;

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

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

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the defendant recognized the crime of this case and reflected against the defendant, the defendant has no record of exceeding the same kind of power and fine, and the defendant is the victim.

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