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(영문) 서울중앙지방법원 2016.04.06 2014고단2005

업무상횡령

Text

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

Reasons

Punishment of the crime

On April 25, 2008, the Defendant was sentenced to ten months of imprisonment with prison labor due to the reburial of gambling in the Seoul Central District Court on March 2, 2009 and completed the execution of the sentence in the Ansan Prison on March 2, 2009.

From October 2010 to November 201, the Defendant, as the head of the victim E Co., Ltd. (hereinafter “victim E”) established for the purpose of lending business, etc. in the Seocho-gu Seoul Metropolitan Government D Building 402, took charge of the collection of loans.

Around April 15, 201, the Defendant received KRW 20 million from F to one bank account (Account NumberJ) in the name of I in order to keep the victim company for the victim company. Around that time, the Defendant voluntarily withdrawn KRW 20 million from the Defendant’s pay, K’s pay, expenses, and consumption for living expenses. From the above day to July 2, 2011, the Defendant embezzled KRW 192,70,000,000, out of the money loaned by the victim company from G, M, and H, to one of the main companies in the name of G, H, etc., and one bank account (O) in the name of the above I, and embezzled the Defendant’s total amount of KRW 70,000 from the day to July 2, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of a witness P in the recording file of a legal recording system among the 16-time trial records;

1. Entry of Q in the fourth public trial records, entry of P in the fifth public trial records, and entry of L in the sixth public trial records;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A certificate of Q Q;

1. An I Bank Account, NI Bank Account;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the date of release of the suspect A) statute;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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