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(영문) 서울북부지방법원 2016.09.01 2016고단2543

업무상횡령

Text

The punishment of the accused shall be four months by imprisonment.

The defendant pays 32,00,000 won to the applicant for compensation.

Reasons

Punishment of the crime

From September 2014 to December 2014, the Defendant provided customers with marketing consultation, concluding contracts, and collecting money.

On November 10, 2014, the Defendant received 14,500,000 won from F to the account of credit union in the name of a customer at the office of CE Publicity Center Co., Ltd., Ltd., the third floor of the D building at macro-si, and embezzled KRW 32,00,000 in total for money by arbitrarily using 17,50,000,000 under the name of the Defendant’s contribution from G, a customer, for the purpose of performing his/her duties, when he/she was transferred from F to the account of credit union in the name of the Defendant for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in the accusation book and the police statement of H;

1. Application of Acts and subordinate statutes on the receipt ledger, service contract, each subscription contract, certificate, official document, details of succession to rights and duties, certificates, written confirmation, written confirmation, official document, details of passbook transactions;

1. Article 356 and Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 of the same Act (Selection of Imprisonment);

1. Type of crime for sentencing under Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Order: Embezzlement crime;

1. Recommendations of less than KRW 100 million: April - 1 year and April - Where there are purposes, such as basic cost of living treatment, etc. - Where there are purposes: In the case of embezzlement, the amount of occupational embezzlement determined by the sentence, the form of consumption and other circumstances of the defendant and the intent of the victim to punish the offender shall be determined;