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(영문) 서울서부지방법원 2016.08.24 2016고단1900

업무상횡령

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2011, the Defendant became a member of the Victim B Co., Ltd. (hereinafter “victim”) and was engaged in the management of the company’s funds, such as Internet banking, from March 4, 2016 to March 4, 2016.

While the Defendant kept public funds of the victimized company as above, he thought that the Defendant did not properly repay personal card payments, loans, etc. in the situation where he did not properly repay the company’s funds and used it to repay personal debts.

On August 27, 2014, the Defendant stated, at the damaged company office located in Yeongdeungpo-gu Seoul Metropolitan Government Office 1201, that “D, the representative director of the victimized company, stated that “I would transfer the price of goods from the corporate bank E account, which is a corporate passbook, to the UIR’s business partner (State),” and made the victim enter the 2,316,000 won under the name of the Defendant’s bank account from the damaged company’s corporate account to the 2,316,000 won, and then used it for personal purposes, such as credit card payment, loan repayment, etc. at the time of Seoul Metropolitan City.

From January 3, 2014 to February 5, 2016, the Defendant consumed the total of KRW 54,011,307 in total on 32 occasions at the seat of the city in Seoul, such as the list of crimes in attached Form.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a detailed statement of transactions under suspect name);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution [the scope of recommended punishment] Class 1 (the scope of recommended punishment less than 10 million won). (In April to January 1). (Special Sentencing is a person who has been sentenced to sentencing].