beta
(영문) 서울남부지방법원 2019.10.24 2019고단1434

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall pay 62,438,200 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the mobile phone entry management and inventory management in the victim B corporation located in Yeongdeungpo-gu Seoul Metropolitan Government from October 2017 to January 2019.

On January 17, 2018, the Defendant embezzled five-five mobile phones worth KRW 62,438,200, total market price from January 17, 2018 to January 2, 2019, without entering the fact that the Plaintiff’s mobile phone 8 (IPHN8.64G) was recovered from the market price of KRW 946,00,00, in the course of business keeping the mobile phone purchased by the victimized Company in the office of the victimized Company’s business, without entering the fact that it was recovered from the mobile phone inventory management program into the mobile phone inventory management program.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A chief secretary and a person;

1. Investigation report (case of submitting materials by a complainant), report on the current status of inventory management, and specifications of operation;

1. Investigation reports (request for revision of details of damage inflicted on a complainant) and partial revision of the details of the complaint;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of suspect's transaction data at D Young Station Points);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings [The applicant seeking the payment of KRW 62,656,00 from the embezzlement of mobile phones, but the record reveals that the amount of damage caused by the embezzlement of 5 mobile phones 62,438,200 constitutes 62,438,200 (Evidence No. 61 of the record of evidence), and the above 62,438,200 won is ordered]

1. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) shall be the embezzlement and breach of trust;