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(영문) 서울동부지방법원 2017.09.14 2017고단1422

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From January 20, 2014 to January 21, 2015, the Defendant has been engaged in the accounting and accounting of the said company as a member of the managing division of Seongdong-gu Seoul Metropolitan Government D Co., Ltd.

On June 5, 2014, the Defendant, at the office of the above victim company, made the accounting by pretending that he would be paid daily wages that did not exist while keeping the funds of the victim company in the course of performing his duties, and then remitted KRW 1,987,00 to the new bank account (E) in the name of the Defendant, and consumed daily living expenses, etc. around that time, from that time until December 31, 2014, the Defendant used KRW 64,913,214 in total over 14 times, as shown in the list of crimes, from that time until December 31, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement of the police statement related to G;

1. Each report on investigation;

1. Details of account transactions, H(A) data relating to embezzlement - criminal list, details of transactions, receipts of deposits, transfers slips, and I company's unfair withdrawals, etc., inquiry of current bank liquidity transactions, transaction details of deposits in foreign exchange banks, certificates of deposits, transfers, transfers, transaction details, increase of deposits, etc., deposit increase, transaction details, etc.

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (Optional to imprisonment);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Types 1 (100 million won or less) of the basic area (decision of sentence): The sentence was rendered over a long-term period, and favorable circumstances such as the fact that an offense was committed for a long time and that the amount of embezzlement was not much: The first offender, the agreement was reached with the victim, etc., and the defendant's age, sex, behavior, environment, motive, means, means and consequence of the crime, etc. are taken into account, and all other circumstances, such as the circumstances after the crime, etc.