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(영문) 창원지방법원 2015.07.01 2015고단645

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

On October 10, 2014, from around December 18, 2014 to around December 18, 2014, the Defendant served as a member of the office of a certified judicial scrivener B, and on December 2014, the Defendant, who was delegated by the Victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) to “the duties of recovering KRW 2709,000,000,000,000,000,000 won as deposit money of KRW 201,00,000,000,000,00

On December 8, 2014, the Defendant claimed the recovery of deposit money on behalf of the victim company at the Changwon District Court located in Seongbuk-gu, Changwon-si, Changwon-si, Changwon-si, and then received and kept the deposit amount of KRW 16 million, the Defendant arbitrarily repaid the Defendant’s obligation and used the money for living expenses, thereby embezzlement the victim’s property for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes certifying the details of a request for deposit, refund, and recovery;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won) (1-10 months) (Special Mitigation) in the mitigated area (1-10 months)] (the decision of sentence] The crime of this case is detrimental to the general trust of the certified judicial scrivener system, and its nature is very poor.

However, the defendant reflects his mistake, the defendant is the first offender who has no previous conviction, and the damage recovery has been made through the identity guarantee insurance to which the defendant was admitted (However, the defendant is unable to fully repay his/her liability for indemnity against Seoul Guarantee Insurance), taking into account the circumstances favorable to him/her, and the amount of embezzlement, the circumstances leading to the crime of this case, the age of the defendant and the environment, etc. shall be determined as ordered by the sentence, taking into account all the factors of sentencing,