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(영문) 서울중앙지방법원 2017.06.22 2017고단2803

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant established and operated a corporation B, the victim C, who had worked together in the past, agreed to establish a corporation to enter into the clothing sale contract using the name of the corporation B and to carry out the clothing sale event, and issued the corporate seal impression, corporate passbook, cash card, etc. in the name of the corporation B.

1. On January 14, 2016, the Defendant was serving as a victim’s receiving orders from an unclaimed land.

D 1,441,00 won was deposited into one bank account (E) in the name of B in relation to the exercise of brand sales, and thus, it was embezzled for the victim on January 29, 2016 by using it for personal purposes, such as remitting it as salary to F, a separate company employee of the company he/she operates.

2. On February 1, 2016, the Defendant: (a) deposited KRW 42,214,80,800 of the event money related to the use of clothing sales of a fashion group’s clothes in the name of the victim; (b) and (c) was kept for the victim; and (d) was embezzled for the purpose of using the money for personal repayment, etc. by transferring it to the agricultural bank account under the name of ( stateB)B at his/her own discretion around that time.

Accordingly, the Defendant embezzled the total amount of KRW 43,655,800 owned by the victim two times.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Details of passbook transactions, confirmation of opening of each account, and application of Acts and subordinate statutes of transfer confirmation certificates;

1. Relevant provisions of the Criminal Act, Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of the recommended sentence] Class 1 (less than 100 million won) in the mitigated area (one month to ten months): The amount of damage not exceeding the amount of punishment (the decision of the sentenced sentence].

However, the defendant seems to be trying to restore the trust of the victim as he reflects, and the victim is also also the victim.