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(영문) 인천지방법원 2016.09.07 2016고단4017

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On September 24, 2015, the Defendant was sentenced to 8 months of imprisonment and 1 year of suspended execution for the crime of occupational embezzlement in the Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Branch on September 24, 2015.

The Defendant, from around December 2013 to December 2014, worked as a secretary at the “C judicial scrivener office” located in the building in the building in Nam-gu Incheon Metropolitan City, and has been engaged in the clients’ registration and civil affairs as proxy with the delegation of a certified judicial scrivener.

On April 2014, the Defendant received money entrusted by the victim D to the Incheon Bupyeong-gu E land from the victim D for the purpose of paying expenses for the cancellation of provisional attachment in the course of processing the provisional attachment cancellation by being entrusted with the affairs.

From April 14, 2014 to April 18, 2014, the Defendant received a total of KRW 820 million from the victim to the agricultural bank account under the name of the Defendant for the purpose of cancelling provisional seizure, and used KRW 35 million by personal debt repayment, etc. around that time.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A certified copy of each register, details of deposit trust transactions, certificate of borrowing, and judgment;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (limited to written judgments);

1. Articles 356 and 355(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won] (1-10 months) (the person who has been specially mitigated) in the mitigation area (1-10 months)] (the decision of sentence] in cases where significant damage has been recovered [the decision of sentence] - favorable circumstances: the amount of damage has been paid and agreed to be paid to the victim in full; the crime for final judgment and the crime for ex post facto concurrent crimes; the fact that there is a same kind of force