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(영문) 서울남부지방법원 2016.11.24 2016고단4273

업무상횡령

Text

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

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

Reasons

Criminal facts

From April 2009 to July 29, 201, the Defendant served as a business employee of D Co., Ltd., a victim company in the city of Kimpo-si, and took charge of delivery and collection of alcoholic beverages, etc., which are the goods of the said company in the Seoul Gangseo-gu, Seoul. On April 27, 2011, the Defendant embezzled money and valuables at will equivalent to KRW 67,128,622 by arbitrarily consuming money and valuables from the victim company while receiving goods equivalent to KRW 1,181,01 from the Guro-gu, Guro-gu, Seoul for business purposes for the victim company, while performing the business of receiving goods of KRW 1,181,01.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Notice of confirmation of balance;

1. Application of Acts and subordinate statutes to each sales account statement and outstanding payment confirmation certificate;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

1. The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 62(1) of the Suspension of Execution [Type 1] : Reduction according to April-1 and April [the grounds for mitigation of punishment]: January-10 [the decision of sentence] from January-1 to October (the decision of sentence] of the instant case, the degree of damage, damage recovery (agreement), the defendant's age, character and conduct, criminal records, and other various conditions of sentencing as shown in the oral argument of the instant case, such as the defendant's age, character and behavior, criminal records, etc., the sentence of suspended sentence of imprisonment as ordered.

It is so decided as per Disposition for the above reasons.