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(영문) 의정부지방법원 2016.05.24 2016고단67

업무상횡령

Text

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

Reasons

Punishment of the crime

The Defendant, from October 2013 to June 17, 2015, is the head of the “E” team operated by the victim D in both weeks from around December 2013 to around June 17, 2015, who has been in charge of the duties of ordering, selling, etc. of the meat.

On July 18, 2014, see the Defendant, Inc., a business partner, ordered the instant E E E E-art name to put the Chinese e-mail, etc. equivalent to KRW 4,720,40,00, and then embezzled the Korean e-mail, etc. totaling 24 times from June 8, 2015 to June 8, 2015, for the following reasons: (a) the Defendant did not put the Chinese e-mail, etc. equivalent to KRW 3,321,00 into E-mail and delivered it to “G” operated by F without having put the Korean e-mail, and then used it individually by receiving the payment of Chinese e-mail, etc. from F; and (b) embezzled the Korean e-mail, etc. totaling KRW 46,879,940,940, etc. from time to time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of H in the police interrogation protocol against the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with H;

1. A copy of the statement of transactions (a list not in the store) - It shall be referred to as the “bank in dispute”; and

1. A copy of the detailed statement of transactions;

1. A list of refined land which was ordered and released by the Customer but was not stored in the store;

1. Reference to Co., Ltd. is subject to the law applicable to a copy of the statement sent by facsimile

1. Relevant statutory provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts, the grounds for sentencing of the sentence of imprisonment [the scope of recommended punishment] [the grounds for sentencing of the sentence] types 1 of embezzlement and breach of trust [the scope of recommended punishment] [4 months to 100 million won] [the decision of sentencing] unfavorable toO] (the decision of sentencing] : The defendant has a record of being sentenced to six months of imprisonment for the same crime on August 29, 2009; the amount of embezzlement; the size of the amount of embezzlement; the current damage was not recovered; the circumstances favorable toO that the defendant escaped after the discovery of the crime; the motive and circumstances leading to the crime of this case; the motive and circumstances leading to the crime of this case; the age of the defendant; and the age of the defendant.