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(영문) 의정부지방법원 2015.11.30 2015고단1624

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2013, the Defendant has been engaged in the business of selling furniture and collecting money as the head of the "E" household factory for the victim D's victim D's operation from Macheon-si.

Around November 2013, the Defendant supplied 32 Litch 32 to a permanent correctional institution located in the city where he was permanently residing, and transferred 27 million won from November 8, 2013 to December 31, 2013 to the Agricultural Cooperative (I) account in the name of H designated by the Defendant as the price for the household, and consumed 2 million won among them for personal purposes, such as living expenses, in mind, for the victim.

In addition, from around that time to around July 2014, the Defendant consumed a total of KRW 16.3 million by the same method six times in total, as indicated in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A detailed statement of passbook transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act, inclusive, the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant was dismissed from committing an offense No. 1 in the list of crimes; (b) and (c) on January 20, 2014, the Defendant prepared a written self-written statement to the victim and continued to commit the crime of embezzlement even after the request of the victim; (c) the victim had filed a criminal complaint with an investigative agency; (d) the victim did not completely recover from damage until two years have passed since the crime committed; and (e) the victim transferred his/her claim, such as his/her damage, to the JJ (the appointment of a new employer by the new employer of the accused) and immediately after the complaint was filed, the J also did not pay the victim the full amount until the date of the victim.