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(영문) 서울동부지방법원 2018.07.26 2018고단1174

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From July 13, 2015 to October 2017, the Defendant took charge of the business affairs of the victim company, which is a trade company located in Gangdong-gu Seoul Metropolitan Government, with overall control over the business affairs of the victimized company, and was in charge of the business affairs of the victimized company while keeping and managing the funds of the victimized company.

On January 15, 2016, while the Defendant kept the damaged company’s funds at the damaged company’s office, he arbitrarily remitted KRW 10,000,000 from the damaged company’s bank account to the Defendant’s account under the name of the Defendant and used it for personal purposes around that time, and embezzled KRW 49,103,50 in total over 54 times from that time until June 8, 2017 by the same method as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the detailed statement of accounts transaction in the accounts of the Bank of Bankruptcy and the defendant account transaction;

1. Circumstances unfavorable to the reasons for sentencing under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the Selection of Punishment Act ( comprehensively including, but not limited to, the choice of imprisonment): A favorable circumstance that the amount of embezzlement does not completely recover from damage: A reasonable circumstance that recognizes and reflects his/her mistake, the fact that there is no record of punishment for the same kind of crime, and that there is no record of punishment for the same kind of crime, taking into account the sentencing conditions shown in pleadings, such as the defendant’s age, sexual conduct