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(영문) 수원지방법원 2014.08.20 2014고단3212

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From August 2008 to August 2010, the Defendant served as a accounting director of the Nam-gu Incheon Metropolitan City Seoul, and was in charge of accounting and accounting affairs.

Around August 28, 2009, the Defendant requested F, the representative director of the Dispute Resolution Co., Ltd., a customer of the Dispute Resolution Co., Ltd., to “if the company pays money to the company with no funds, it shall be returned.” After remitting the amount of KRW 80 million to the Dispute Resolution Co., Ltd., the Defendant used the said amount of KRW 80 million from F to the account of a community credit cooperative in the name of the Defendant, and embezzled it for personal purposes, such as living expenses, etc. around that time, while the Defendant was in his/her business for the Dispute Resolution Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the grounds for sentencing selective to imprisonment with labor;

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

2. The scope of the sentencing guidelines for sentencing [decision of a type] the group of embezzlement crimes-10 million won or less [the scope of the sentencing guidelines and the scope of the sentencing guidelines] basic area (one month to one year and four months for imprisonment): None of the special persons:

3. Determination of sentence: (a) the amount of damage of the instant case is KRW 80 million and no damage has yet been recovered; and (b) the sentence shall be determined as ordered within the scope of the recommended sentence, taking into account the fact that the amount of damage of the instant case