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(영문) 수원지방법원 2015.08.07 2015고단2866

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around August 5, 2014, the Defendant joined C, the victim of the C, which is the victim of the C, and has been engaged in sales and collection affairs as the delivery employee and the head of the business team until April 7, 2015.

On November 28, 2014, the Defendant collected KRW 4 million from E located in Suwon-si, Suwon-si, and stored in the business for the said company for the said company. Around that time, the Defendant used his/her mobile phone to consume illegal sports soil and gambling and mobile phone game items purchase cost.

In addition, from September 25, 2014 to April 7, 2015, the Defendant consumed a total of KRW 26,969,370 by the same method over a total of 51 occasions, such as the written list of crimes, as shown in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the sentencing guidelines for sentencing [decision of a type] the group of embezzlement crimes-10 million won or less [the scope of the sentencing guidelines and the scope of the sentencing guidelines] basic area (one month to four months of imprisonment) (no special person shall be punished:

3. The amount of damage in this case, which has reached KRW 26 million and has not yet been recovered from damage (in comparison with this case, the injured company claimed KRW 20 million insurance money to the insurance company. However, since the defendant did not voluntarily endeavor to recover from damage, the above circumstances are not considered in sentencing).