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(영문) 울산지방법원 2020.02.21 2019고단3166

업무상횡령

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From May 2, 2016 to February 28, 2019, the Defendant has been engaged in the overall fund management as an employee of the victim B’s accounting corporation.

On February 1, 2017, the Defendant used KRW 112,480,00 of the company’s funds deposited for the victim company 45 times from that time to January 29, 2019, by withdrawing cash of KRW 300,000 from the above account and consuming it for personal use, such as living expenses, etc. in mind, while the victim company located in Ulsan-gu C building D, Ulsan-gu for the victim company’s funds for the victim company.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of entry and withdrawal, receipt of withdrawal, daily cash reporting, details of account transactions in B between a stock company and results of transfer;

1. Application of all certificates of incorporation registration and business registration certificate (stock company B)-related Acts and subordinate statutes;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor) in relation to the relevant criminal facts;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) [the type of embezzlement and breach of trust] shall be embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [no special person] [the area of recommendation and the scope of recommended punishment], the basic area of the recommendation, and one to three years of imprisonment.

3. A favorable circumstance is that the Defendant who made a decision to sentence the instant crime led to the confession of the instant crime, and there is no record of punishment so far.

However, even though the defendant embezzled a large amount of money exceeding KRW 100 million for two years while working as an accounting staff in the victim company, it is inevitable to sentence a sentence in light of the fact that the damage has not been recovered until now.

(b) other.