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(영문) 춘천지방법원 2017.08.18 2017고단500

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From May 12, 2014, the Defendant has been engaged in the sales and collection business of the said company as the business employees of the victim corporation, the victim corporation located in the 6th floor of the Gangseo-gu Seoul Airport, Gangseo-gu, Seoul, in the 396th floor of the 6th floor of the building.

On April 4, 2016, the Defendant sold the victim’s product to the customer at the office located in the Hanyang-si Seoul Special Metropolitan City, 54-6 corporation, Goyang-si Seoul Special Metropolitan City nuclear air conditioning Corporation, which was deposited in one bank deposit account (Account Number: 793-81076-16705) and used two million won for personal purposes around that time while the Defendant was in the business custody of the said company for the said company.

In addition, from around that time to January 11, 2017, the Defendant consumed a total of KRW 334,071,200 by the same method over a total of 96 times, as indicated in the list of crimes in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions in a national bank account, and application of Acts and subordinate statutes of the corporation passbook;

1. As a whole, Articles 356 and 355(1) of the Criminal Act, Article 355(1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] No person who has no person [one year to three years] in the basic area (one year from 100 million won to 500 million won) of the type 2 [the scope of recommending punishment] [the decision of sentencing] appears to have been divided while the defendant led to the confession of the instant crime, and the primary crime are favorable factors for sentencing to the defendant.

However, the crime of this case is an element of sentencing unfavorable to the defendant, such as: (a) the Defendant committed embezzlement of approximately KRW 334 million on the part of the victim who was able to believe himself and engage in the collection business; and (b) the nature of the crime is inferior; (c) the amount of damage is a large amount; and (d) no agreement was reached with the victim; and (e) no agreement was reached with the victim to recover

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case.