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(영문) 서울북부지방법원 2014.02.05 2013고단2745

업무상횡령

Text

A defendant shall be punished by imprisonment for four 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

Since August 20, 2012, the Defendant, as a manager of the branch office of the D hotel E operated by the victim C Co., Ltd. in Mayang-gu, Mayang-gu, Mayang-si, the Defendant has been engaged in the sales management of the above hotel.

Around March 5, 2013, the Defendant stated 431,200 won as if the Defendant spent 431,200 won for the purchase of self-employed materials in a marina book while keeping cash, such as accommodation expenses, received from guests in the hotel on behalf of the victim, and consumed the cash by means of debt repayment, etc., around that time, in a manner that does not actually incur expenditure.

From around that time to June 19, 2013, the Defendant consumed total of KRW 22,917,200,00 in total from the venue of the Gyeonggi-si, such as the list of crimes in the attached Table, in mind.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (amount embezzled as cash sales);

1. Written explanation of performance;

1. A certificate;

1. A certificate (H);

1. A certificate (I);

1. J;

1. Application of Acts and subordinate statutes of the certificate (K);

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense (referring to the choice of imprisonment and comprehensive imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no same type of force and the fact that the victim agreed with);