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(영문) 춘천지방법원 속초지원 2014.11.26 2014고단387

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant has been engaged in the operation and the collection of money of the said C, as the occupation site of the victim Saccinacacacaca, Inc., Ltd., which was located between September 2, 2012 and August 2013.

Around February 15, 2013, the Defendant embezzled total amount of KRW 83,864,200 over 47 times as indicated in the separate crime list between around 2013 and around August 23, 2013, when he/she collected an amount equivalent to KRW 900,000, and was in custody for the victim’s business. At that time, the Defendant embezzled the amount of KRW 83,864,200 for 47 times as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that an agreement is made with the victim, and the fact that there is no criminal record exceeding the previous and fine);