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(영문) 의정부지방법원 2015.06.19 2015고단500

업무상횡령

Text

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

Reasons

Punishment of the crime

The defendant is a person who has been in charge of business affairs, such as transferring the furniture to the account of the above agency when he sells the furniture and receives the sales proceeds from the D agency operated by the victim T in Scheon-si.

On May 7, 2012, the Defendant embezzled KRW 1,538,00,00 for sales proceeds of furniture from U from an unsound place, but did not deposit it into the agency’s account, and used it arbitrarily as entertainment expenses and living expenses, from that time to June 2, 2013, the Defendant arbitrarily used KRW 73,023,00 in total 48 times from that time, as shown in the crime list, from June 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning T;

1. Investigation report by the prosecution (Embezzlement, specific report on the amount of embezzlement);

1. Police investigation report (verification of the amount of embezzlement and hearing statements and reports by complainants);

1. Application of the statutes of each letter, notarial deed, the details of embezzlement, and the detailed statement of transactions of ordinary reserved money;

1. The applicable Article of the Criminal Act and Articles 356 and 355 (1) (generality) of the Criminal Act regarding the crime, the grounds for sentencing of imprisonment [the scope of recommending punishment] [the grounds for sentencing of imprisonment] 1 (100 million won] / (4 to 1 year and 4 months): The range of comparative sentences between the applicable sentences and the recommended sentences : April 1 year and 1 year : [Pronouncement] 8 months disadvantageous to the victim in the course of keeping the property of the victim in the course of carrying the property of the victim in the course of business: The embezzlement; the victim’s amount of damage; the victim’s agreement with the victim; the victim’s failure to reach full recovery; the victim’s reflect on his mistake; the victim’s recovery of considerable damage; the victim’s occurrence of considerable damage;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.