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(영문) 수원지방법원 2016.07.06 2016고단2149

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From July 1, 2013 to December 31, 2015, the Defendant worked as a person in charge of accounting in the victim C operation D and the victim E Co., Ltd. (representative director C) company (representative director C) and performed duties such as the receipt and disbursement of funds.

On July 30, 2013, the Defendant embezzled KRW 48,846,087 as indicated in the list of crimes, from that time on 77 occasions until December 31, 2015, including: (a) withdrawing KRW 700,000 from the Industrial Bank of Korea account under the name of D, in cash, and using it as living expenses, etc. from the place of residence; and (b) embezzled KRW 48,846,087.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes attached to a list of shareholders, a certified copy of the register of a corporation, a certificate of retirement, a resume, the details of embezzlement, a certificate of confirmation of remittance, text records, and shareholders;

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 50] [the decision of sentence] / [the defendant's contents, amount of embezzlement, circumstances after the crime was committed (the recovery of damage was not made, the damage was not received from the injured party), the defendant's reflective attitude and criminal record relation (the first crime), and all other factors indicated in the records and arguments, shall be considered and sentenced as the order.