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(영문) 서울동부지방법원 2020.06.10 2020고단212
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 27, 2019 to December 2, 2019, the Defendant has been engaged in the revenue and expenditure management of the said corporation as a limited accounting employee of the law firm (LLC) in Gangnam-gu Seoul Metropolitan Government.

On September 16, 2019, the Defendant transferred KRW 40 million, which was kept in the said corporate office’s account, to the account in the name of the Defendant, from that time to December 5, 2019, the Defendant transferred the total amount of KRW 250 million to the account in the name of the Defendant and used it for futures investment after remitting the total amount of KRW 250 million to the account in the name of the Defendant from that time to December 5, 2019.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Inspector;

1. Application of Acts and subordinate statutes on account details;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the embezzlement and breach of trust (type 2] (type 100 million won or more), the amount of less than 500 million won [the scope of the recommended area and the recommended punishment] There is no person [the special person] [the scope of the recommended area and the recommended punishment] basic area, one year or three years of imprisonment [the general person] - there is no history of criminal punishment - The mitigated element: In the case of embezzlement crime: [the grounds for suspension of execution] - The principal illegal cause (the amount of damage not recovered exceeds 100 million won) - There is no criminal record of suspension of execution or more, partial recovery of damage, and efforts to recover from serious damage.

3. Determination of sentence: One year of imprisonment;

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