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(영문) 수원지방법원 여주지원 2014.12.08 2014고단525

업무상횡령

Text

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

Reasons

Punishment of the crime

Defendant

A is a person who served as an employee of the victim D Co., Ltd. in Gyeonggi-gu Group Co., Ltd from February 1, 2004, and was engaged in fund management, such as monthly pay to the employees of the said Co., Ltd., and the victim D Co., Ltd is a corporation established on June 10, 1998 for the purpose of importing and selling cars, importing and maintaining automobile parts, and maintaining business.

The Defendant, after accepting a vehicle against customers visiting the said D Co., Ltd., had omitted part of the repair cost in the process of daily settlement of the repair cost received, did not reveal the details of the repair cost, and had the intent to embezzled the relevant money by excluding it from the daily balance sheet, and then by excluding it from the daily balance sheet.

Accordingly, the Defendant, at the above company office on January 9, 2007, embezzled the total amount of KRW 595,000 by omitting KRW 595,00,00,000, excluding the amount corresponding to the card fees, from among the paid money, in the daily balance sheet for approval, and embezzled the amount equivalent to the above KRW 595,00 in a way that conceals the embezzlement by preparing the same amount as the daily balance sheet for the purpose of customer management, as well as embezzlement of the amount equivalent to the above KRW 595,00 in a way that conceals the embezzlement. From that time, the Defendant embezzled the total amount of KRW 364,624,00 in total over 612 times, as shown in the attached crime balance sheet, from that time to October 25, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Statement of each police statement related to F and G;

1. Each complaint;

1. A specification of personal bankbook transactions;

1. Summary and daily balance sheet as a result of inspection;

1. Application of Acts and subordinate statutes concerning transaction details of individual passbook A;

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the choice of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] two types (100 million won or more to 50 million won). There is no basic field (1 to 3 years) (1 to 3 years).