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(영문) 서울동부지방법원 2020.02.14 2019고단3187

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

From March 1, 2017 to March 13, 2019, the Defendant worked at the Gangnam Parts Center operated by the victim D in Songpa-gu Seoul, Songpa-gu, and Songpa-gu as an employee, and was in charge of collecting money from the transaction company after receiving orders for parts.

The Defendant, around January 2018, embezzled KRW 9,545,40, total sum of the amounts of parts collected from customers to the account of community credit cooperatives in the name of the Defendant or one bank account, or embezzled by cash and consuming living expenses. From March 2017 to March 2019, the Defendant embezzled KRW 259,798,870, total sum of the amounts owned by the victim by the aforementioned method as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the defendant;

1. Claim for the cost of parts (Evidence Nos. 3);

1. Details of account transactions with community credit cooperatives under the name of suspect, and details of account transactions with one bank under suspect title;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on summons, investigation, and summary of statement of a suspect), report on an investigation (report on the submission of corrected materials of embezzlement that is the criminal

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. Aggravation of the recommended punishment according to the sentencing guidelines: Scope of punishment for embezzlement and breach of trust (decision of type), group of crimes for embezzlement and breach of trust, group of types 2 (not less than KRW 100,000 and less than KRW 500,00) [Special Aggravation] increased factors and mitigation factors: None of them (general person): Where the crime for embezzlement is committed [the scope of recommending punishment] basic area: One year to three years;

2. Determination of sentence [Incompetence] The Defendant, while working for a company operated by the victim, embezzled the amount of money equivalent to KRW 260,000,000 from the trading company to the account in his/her name for a period of two years by voluntarily consuming for personal purposes. In light of the content of the crime, the period of the crime, the frequency of the crime, and the number of the crimes, etc., the crime is inferior and the amount of embezzlement is equal to KRW 260,000,000.