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(영문) 청주지방법원 2018.08.09 2018고단827

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since December 2014, the Defendant served as an employee in charge of accounting of the victim D Co., Ltd. in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, and has been engaged in the business of withdrawing and executing company funds necessary for the purchase of equipment and the payment of taxes.

On January 5, 2016, the Defendant withdrawn KRW 3,00,000 from the Agricultural Cooperative Account (Account Number E) of the victimized Company’s Office for office supplies, and used KRW 2,157,590 for personal purposes, such as living expenses and entertainment expenses.

In addition, from around that time to March 15, 2017, the Defendant spent total of KRW 244,829,122 by the aforementioned methods for personal use, such as living expenses, entertainment expenses, etc., 73 times as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant embezzled the property of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of embezzlement A of the recipient;

1. A copy of a bankbook (agricultural cooperative, corporate bank);

1. Application of the statutes governing the president of the Account;

1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines [the scope of the recommended punishment] Class 2 (the range of the recommended punishment shall be between six months and five hundred million won) and the mitigation area (the mitigation area shall be between six months and two years), [the person who has been specially mitigated], and a significant damage has been restored;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The amount of damage is up to 244,829,122 won, the fact that the crime is not good, such as being committed over several times for a long time, which led to the confession and reflect of the nature of the crime, the damage was fully agreed with the damaged company, the fact that the damage was considerably restored, the first crime was the first crime, and the defendant gave birth to the side.