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(영문) 서울남부지방법원 2013.07.15 2013고단1251

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2010, the Defendant has been engaged in the execution and storage of the above company's funds as the accounting staff of D operated by the victim C, who had been located in Yeongdeungpo-gu Seoul Metropolitan Government 1005 building B.

1. On October 12, 2010, the Defendant, while being transferred from E, a business partner of the said company, to his/her own corporate bank account, used for the settlement of his/her card payments and attached list of crimes.

1. From November 16, 2012 to the same method, the victim’s total sum of KRW 8,896,000, which was owned by the victim, was arbitrarily consumed for personal purposes and embezzled by the same method.

2. On October 1, 2010, the Defendant, at the above company’s office, arbitrarily transferred KRW 165,00,000, which was kept in the victim’s corporate bank account in the victim’s name, to his own corporate bank account, and used for personal purposes, and embezzled it for personal purposes while keeping the total amount of KRW 39,49,400, which was owned by the victim over 53 times in the above manner as shown in the attached List 2, 3, as shown above.

Summary of Evidence

1. Statement of each of the accused in court;

1. Each police statement of C;

1. Each complaint;

1. Application of the Acts and subordinate statutes on the suspect, passbook transaction details (F), statement of transaction by account, and statement of deposit transaction statement;

1. Articles 356 and 355 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense.

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the defendant is the first offender, the confession of the crime and the penance of the mistake, and the fact that the victim and the victim have agreed smoothly);