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(영문) 창원지방법원 2012.08.14 2011고단3496

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Since July 2009, the defendant has been engaged in the business of supplying and collecting raw water as an employee of the D Agent operated by the victim C from July 2, 2009.

Around May 17, 2010, the Defendant collected KRW 148,000 from the E-Coordination, which was in custody for the victim, and consumed the amount for personal use at the time of the macroscopic KRW 148,00.

The Defendant, including that, from Apr. 1, 2010 to Feb. 25, 2011, consumed 30,231,480 won in the same way as indicated in the List of Offenses (1) to (4) from the date of presentment to the date of presentment to 129 times, and embezzled it in the same way.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

2. The police statement concerning C;

3. Application of Acts and subordinate statutes to accusation (including attached documents), investigation reports (Attachment to List of Offenses);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

2. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [decision of a type] Embezzlement Embezzlement ] Embezzlement / [decision of the recommended field] / [Scope of sentence by recommendation] / [general penal person] / In the case of embezzlement of aggravated factors / [whether the sentence is suspended for less than 10 years after the completion of execution] - The sentence of the same kind of punishment, which is not a repeated offense (not more than 10 years after the completion of execution] - Where negative previous crimes (not more than 5 years or a fine not more than 3 times): Unagreement - There is no effort to recover from negative damage: A decision of the defendant has the same sentence with the same sentence, and there is no effort to recover damage, and there is no effort to recover damage in this case, and all other circumstances as above.