beta
(영문) 의정부지방법원 2019.09.19 2019고단1288

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from February 2007 to August 31, 2018, has been engaged in accounting duties, such as receipt of orders, filing of accounting books, and receiving money, as accounting staff of the Defendant Company B, a victim.

On March 31, 2015, the Defendant received KRW 100,000 from “D” of the above company’s office located in Hanam-si, from “D” to the Defendant’s account in the name of the Defendant, and used the money for personal purposes, such as living expenses, etc. at that time.

From around that time to July 12, 2018, the Defendant received a total of KRW 154,994,720 as indicated in the attached Table of Crimes and embezzled the victim’s property by consuming the total of KRW 53,832,690 among them for the sake of living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of inquiry about attempted balance of a customer;

1. Detailed statement of transactions of the SC Bank;

1. Application of Acts and subordinate statutes, such as text messages;

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

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for up to four months and up to one year and four months (the scope of recommendations] and the basic area (over to four months and one year and four months) (over to one year and four months).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after committing the crime, which are six months following the imprisonment.

Considerations disadvantageous: Large amount of damage, and conditions favorable to the fact that no repayment has been made until now: The confession of the crime in this case, and the first crime.