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(영문) 의정부지방법원 2015.02.13 2014고단2362

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The defendant is a person who has been in charge of the management of the company's funds while working as accounting staff in the victim corporation D in the same ducheon City.

On March 28, 2012, the Defendant: (a) transferred KRW 495,00 from the company’s corporate account to the Defendant’s corporate bank account in the name of payment for transaction; and (b) embezzled total of KRW 161,395,380 on 172 occasions from that time to February 18, 2014, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol against the accused (including a substitute part with E);

1. Statement to E by the police;

1. Documents printed out of the transfer results, a copy of the accounting report, and a statement of transactions by account;

1. Application of Acts and subordinate statutes to the detailed statement of each passbook relating to vehicle installment payments and repayment of loans;

1. The relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act on the grounds for sentencing [the scope of recommending punishment] 2 (the sum of embezzlement amounts to not less than 100 million won and less than 500 million won) [the decision of sentencing] 1 year and April 1 year and 2, the Defendant led to confession and reflect against the instant crime. Of the amount of embezzlement of this case, 46 million won out of the amount of embezzlement of this case is deemed to have been repaid. It is recognized that the first offender is the Defendant, while the Defendant is deemed to have committed the instant crime, it is deemed that there is a significant high quality of the crime in light of the relevant criminal law, the number of crimes committed, the degree of damage therefrom, and the degree of damage therefrom, and most of the losses have passed since the completion of the instant crime.