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(영문) 수원지방법원 2017.04.25 2016고단6971

업무상횡령등

Text

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

Reasons

Punishment of the crime

From January 1, 2016 to May 30, 2016, the Defendant has been engaged in the registration agency business as an employee of a certified judicial scrivener office operated by the victim C, and has managed the credit account in the name of the victim (D).

On March 2, 2016, the Defendant, at the above office, embezzled the victim’s property at will, by means of the same four times in total, as shown in the list of crimes in the attached Table, he/she arbitrarily consumed 40,1290,000 won, and embezzled the victim’s property under his/her business custody, including that he/she arbitrarily used it for personal use, such as living expenses, around that time.

On February 25, 2016, the Defendant received KRW 6,024,120 for the purpose of paying deposit money under the order to provide a provisional attachment security for claims for Liwon District Court Liwon District Office from the victim F who is a customer, and embezzled for personal purposes such as living expenses around that time.

Summary of Evidence

"2016 Highest 6971"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on investigation;

1. Details of transactions of self-reliance deposits "2016 Highest 7902";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on entry and departure transactions;

1. Relevant legal provisions of the Criminal Act, Articles 356 and 355(1) of the Criminal Act (including the occupation and the combination of occupational embezzlement), Article 355(1) of the Criminal Act (the occupation of embezzlement) and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] the basic area [the scope of the recommended punishment] under the category 1 (less than 100 million won) of the embezzlement crime; four months to one year and four months;

2. The defendant will serve as a staff of the certified judicial scrivener office.