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(영문) 수원지방법원 안산지원 2014.03.28 2013고단3039

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 14, 2008 to April 10, 2013, the Defendant has been engaged in the financial management affairs of the said company as management directors of D Co., Ltd., a victim in Gwangju City.

On October 23, 2009, the Defendant received KRW 1,200,000 from the “E”, the business partner of the above company, from the Defendant, to the deposit account in the name of a national bank bank in the name of the Defendant, which was created and managed individually at the seat of the National Bank, and was in the custody of the said company for the said company. The Defendant collected on October 30, 2009, and consumed the money for personal use, such as living expenses, in mind, from the members of the Gyeonggi-do Council around that time.

In addition, the Defendant, from July 29, 2009 to February 12, 2013, embezzled total of KRW 62,254,048 by the same method 23 times in total as indicated in the annexed crime sight table.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. A complaint;

1. A copy of the bankbook;

1. Copies of each letter;

1. Application of Acts and subordinate statutes to investigation reports (report on the binding of passbooks in the name of the victim);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Determination of Punishment] - Where the amount of punishment is less than KRW 100,000 [Special Aggravation of Punishment] - Where the method on the acceptance of crimes is extremely poor [decision of the recommended area] where the method on the receipt of crimes is extremely poor [decision of the recommended area] [Scope of punishment] 10 months to 2 years [general person] - Reduction element : One month to 10 years [limited to the scope of punishment] - One month to 10 years [whether suspended sentence is suspended] - Where the substantial positive loss is considerably small (where the defendant deposits 37 million won to the victim company several times after the embezzlement is committed for the crime of embezzlement, he/she shall return it to the victim company] - The reason for general reference : positive reflection [decision of the sentence] 10 months to 10 months, and two years of suspended sentence execution.