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(영문) 대전지방법원 천안지원 2015.03.27 2015고단58

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant stated “E” in the facts charged of Asan City B from June 2005 to November 201, 2013; however, according to evidence, the Defendant appears to be “B”’s clerical error, and thus, corrected it.

The victim C (hereinafter referred to as "victim C") has been working as a member of the business of the victim C (hereinafter referred to as "victim C") and has been engaged in the business and collection of the victim C.

On June 1, 2008, the Defendant collected KRW 5,00,000 from the wedding hall of “D,” which is a business partner of the victim company located in Ansan-si, and embezzled the amount of KRW 128,597,115 in total by arbitrarily consuming the amount of KRW 128,597,115 as shown in the separate crime list, from November 1, 2013 to November 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer on F;

1. Statement of the investigation report; and

1. Entry in a complaint;

1. Application of each letter of confirmation, the embezzlement of public funds, each statement of transactions, and the statutes of the detailed statement of transactions of free savings;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [Determination of types] Embezzlement types 2 (at least 100 million won, less than 500 million won), reduction factors (special persons) - reduction areas of punishment and non-taxation (decision on the recommended area), reduction areas of punishment, 6 months to 2 years of imprisonment.

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and two years of suspended sentence excludes the part in which the victim company did not file a complaint on the grounds of statute of limitations, the amount embezzled by the defendant is considerably larger, and the damage recovery was not properly achieved. Therefore, the Defendant’s criminal liability is not weak.

However, the defendant's living difficulties such as the spouse's cancer, school expenses for children, etc.