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(영문) 수원지방법원 안산지원 2014.10.17 2014고단1134

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant is a person who was engaged in the business and the collection of money as a member in the State (State)C located in Ansan-gu, Ansan-si from October 2012 to March 4, 2014.

On August 8, 2013, the Defendant collected KRW 1,233,920 from the F’s “F,” which is operated by the Party E in Hasang-si D, and used the money for personal purposes, such as hospital expenses, from the day of Ansan-si around that time while keeping it for the victim’s business.

As above, the Defendant, including embezzlement of the amount of money used as the victim’s possession, embezzled the amount equivalent to KRW 19,602,403, which was collected from August 8, 2013 to February 2, 2014 on 13 occasions, and embezzled it for personal purposes while being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint;

1. Each fact-finding certificate;

1. Application of Acts and subordinate statutes confirming the balance of credit purchase balance;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason 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 [10 million won or less] [10 months to 2 years and 6 months] [the defendant, who has been engaged in the collection of money by the victim, committed the crime of embezzlement of this case by taking advantage of his/her opportunity to perform his/her duties, etc.] [the defendant, who has been engaged in the collection of money by the victim, committed the crime of embezzlement of this case] [the decision of sentence] 10 months of imprisonment, the suspended sentence two years of suspended sentence, he/she remitted the amount of KRW 250,500,000 to the KAC account, the execution of imprisonment shall be suspended in consideration of