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(영문) 대구지방법원 2016.02.05 2015고단5911

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 5, 2014 to November 30, 2014, the Defendant was in charge of C’s accounting duties, and was engaged in the reporting and enforcement of the entry and withdrawal of the company’s funds.

On May 17, 2014, the Defendant managed the Daegu Bank passbook (Deposit Shares E, Account Number:F) that is the head of the Tong that is the direct management office of the above company, and used cash 320,000 won in cash in the above passbook for the said company. At that time, the Defendant withdrawn 320,000 won in cash from the above passbook and consumed it for personal purposes such as repayment of personal debt.

In addition, from around that time to December 17, 2014, the Defendant consumed 32,839,105 won in total by the same method over 110 times, as shown in the list of annexed crimes, from around December 17, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement concerning G in the police statement protocol; and

1. The fact confirmation, a copy of the primary embezzlement-related bankbook, the date of the primary embezzlement and the details of amount adjustment, a copy of the passbook related to the secondary embezzlement and the details of transaction, a statement of transaction, the date of the primary embezzlement and the financial statement of amount; and

1. Application of the video Acts and subordinate statutes of camera photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the suspended sentence (see, e.g., Supreme Court Decision 100 million won) [the scope of applicable sentencing] 1 month or 10 years of imprisonment / [a] 10 million won [a special sentencing person] - In a case where the punishment of mitigated factors or a significant damage has been restored [a] mitigation area / [a scope of recommended punishment] / [a person who is subject to general sentencing] - there is no history of criminal punishment - a person who commits the crime of aggravated factors - there is no history of criminal punishment - (whether suspended sentence is suspended] - Where significant damage has been recovered, the substantial damage is considerably small.