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(영문) 창원지방법원 2018.08.09 2018고단1356

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From December 8, 2017 to February 28, 2018, the Defendant, as an accounting member of Changwon-si's window B building, and the victim bank account member in the victim bank account in the victim bank account in the victim bank account in the above company's name, was engaged in general affairs such as remittance of funds from customers of the above company and fund management affairs, and kept the passbook connected to the victim's corporate bank account (Account Number: D) and the passbook, the OTP card, and the official stamp number.

On January 10, 2018, the Defendant embezzled KRW 220,00 from the corporate account of the above corporate bank, which was in his/her business custody for personal use by using the computer used by the Defendant in the office of the Dispute Resolution Co., Ltd., and embezzled by transferring KRW 220,00 from the corporate account of the above corporate bank to the corporate bank account (Account Number E) under the name of the Defendant, from February 14, 2018 to February 15, 2018, by arbitrarily using the method of transferring the total sum of KRW 6,520,700 for three occasions, such as the list of crimes, from February 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of accounts;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on Suspension of Execution (the confession and reflect of a crime, the fact that the victim cancels the complaint by paying the full amount of damage, and other factors such as the age, sex, environment, records of the same crime, family relationship, circumstances after the crime, etc.);