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(영문) 서울중앙지방법원 2014.04.16 2013고단8051 (1)

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who works in the victim B operation C, and has been engaged in accounting work since 2007.

Around May 2012, the Defendant received KRW 3,00,000 from E, the business partner of the victim, and embezzled it on behalf of the victim. Around that time, the Defendant embezzled total of KRW 45,570,000 for the victim’s money collected from the business partner on 23 occasions, as shown in the annexed List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on confirmations and account transactions;

1. Relevant Articles of the Criminal Act and Articles 356 and 355 (1) (Selection of Imprisonment) of the Criminal Act concerning the criminal facts and the reasons for sentencing;

1. From April to April of the recommended sentencing criteria, one year and four months (the embezzlement and breach of trust, the type of less than 10 million won, and the basic area);

2.The decision of the court below shall be made in consideration of the scope of the above recommendations and the following circumstances:

3. Unfavorable circumstances: The conditions of sentencing indicated in the records, such as the defendant's age, character, character and conduct, environment, etc., are against the defendant's mistake, and the primary offender is the primary offender, although the amount of damage is not high.