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(영문) 부산지방법원 2015.06.18 2015고단568

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who, from January 2013, had been ordered to work from the customer as an employee who was engaged in the work of manufacturing and performing the singing process in the singing plant “C” operated by the victim B from the customer’s perspective.

Around December 3, 2013, the Defendant, while receiving transfer of KRW 3,50,00 from DNA, a business partner, to the Defendant’s wife’s account and being kept for the victim, was arbitrarily used at around that time, and embezzled the amount of transaction equivalent to KRW 16,73,00 on 38 occasions from that time to June 13, 2014, as described in the attached crime list, while being kept for the victim, he/she arbitrarily consumed and embezzled the amount of transaction equivalent to KRW 16,73,00 for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to investigation reports (Submission of Suspect financial transaction data);

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. Article 62 (1) of the Criminal Act (i.e., reflection of the suspension of execution and efforts to recover from damage);

1. Social service order under Article 62-2 of the Criminal Act;