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(영문) 울산지방법원 2020.02.13 2019고단4304

업무상횡령등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From November 2017 to November 30, 2018, the Defendant is a person who works as a “D” company accounting employee in Yangsan-si operated by the victim B and has been engaged in the said company’s fund management business.

On December 26, 2017, the Defendant used 77,952,700 won of the company’s capital for 20 times from around 20 times to September 19, 2018, as stated in the list of crimes in the attached list of crimes, from among the funds of the company that the Defendant was in possession of the victim’s children in EF Association account (G) to transfer to the Defendant’s account under the Defendant’s name.

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

2. On May 31, 2018, the Defendant stolen a 50,00 won gift certificate issued to the victim who is a D operator at the above “D office” office, with the victim’s H Farming Association issuance KRW 20,00,000 gift certificates.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Details of account transactions, copies of bankbooks, cash transaction books, ledger of transaction, statement of delivery of merchandise coupons, photo, certificate of remittance, request for remittance, withdrawal money statement, statement of transaction, text message, response to request for appraisal, note, and application of Acts and subordinate statutes of the disbursement resolution;

1. Relevant Articles 356, 355(1) and 329 of the Criminal Act concerning criminal facts and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) recognition of facts charged; (b) agreement with the victim; and (c) the primary offender is favorable to the Defendant.

On the other hand, the fact that the amount of damage is a large amount and the crime has been repeated for a long time is disadvantageous to the defendant.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.