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(영문) 대전지방법원 홍성지원 2016.01.22 2015고단1101

업무상횡령

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from February 2008 to February 201, 201, is a person in charge of the management of funds, such as the revenue and expenditure of the company, in the representative director’s position, while operating the victim D Construction Co., Ltd. (hereinafter “victim Co., Ltd”) located in Chungcheongnam-nam Budget Group E and Dong business.

On January 19, 2009, the Defendant used 12,000,000 won of the funds of the victim company, such as construction cost, for personal purposes by transferring them to other accounts through the Agricultural Cooperative Account (Account Number:F) in the name of the victim company, and embezzled 62,057,440 won of the funds of the victim company for personal purposes, such as personal debt repayment and living expenses, over 13 times from that time until September 16, 2010, as shown in the separate crime list, from that time to September 16, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement protocol with respect to E and G;

1. A statement of H trading and a statement of I trading;

1. Application of investigation reports (Attachment of a copy of transaction details), and transaction details statutes;

1. Article 356 and Article 355 (1) of the Criminal Act (generally, the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Type 1 (100 million won or less) [the person subject to special mitigation] [the sentence] imprisonment for August, the suspension of execution 2 years, and the defendant's confessions against and in addition to the victim's previous convictions, there is no particular record of punishment in addition to the victim's one-time prior convictions, the victim does not want the defendant's punishment by mutual consent with the victim, and other conditions of the punishment in this case, including the defendant's age, sex, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all the conditions of the punishment mentioned in the records and the previous theories shall be comprehensively determined as above.