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(영문) 서울남부지방법원 2020.03.19 2019고단5917

업무상횡령

Text

A defendant shall be punished by imprisonment for six 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

On June 1, 2016, the Defendant: (a) entered into an advertising business agency contract with C, the victim, and (b) vicariously performed the business of advertising agency and collecting advertising fees from the victim company.

On September 11, 2017, the Defendant collected KRW 1,392,930 from D (E) who is an advertiser of the victim company, and used it for personal purposes, such as the repayment of personal card arrears, etc. around that time.

In addition, from around that time to December 14, 2017, the Defendant consumed a total of KRW 18,506,043 in the same way four times as indicated in the annexed crime list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the details of receipts and disbursements submitted by a complainant or his/her agent);

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant Articles of the Criminal Act and the choice of punishment. Article 355 (Selection of Imprisonment);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing specified below)

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: The same sentence as the order shall be determined, taking into consideration all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, including six months of imprisonment, one year of suspended sentence, in consideration of the following circumstances:

Unfavorable circumstances: Embezzlements the amount of transactions that have not been written on four occasions in violation of the trust relationship with the victim company, and is the victim.