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(영문) 서울남부지방법원 2016.02.03 2015고단5090

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten 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

From August 9, 2010 to February 23, 2015, the Defendant worked as the head of the department from the “F,” the victims of automobile parts in Dongjak-gu Seoul Metropolitan Government, thereby having been in charge of the sales and collection of automobile parts. The Defendant, even if there was a separate account in the name of the damaged company managing the sales proceeds of automobile parts, etc., had the customer’s business operator remit the payment of automobile parts to the account in the name of the Defendant or the Defendant’s wife, and had the customer’s business operator use them for personal purposes, such as living expenses.

Around September 19, 2010, the Defendant supplied part of the automobile to H who operates “G industrial company”, a customer of the victimized company, to the bank account in the name of the Defendant’s wife, and demanded that KRW 60,000, which is the price for the automobile part, be transferred from “G industrial company” to the national bank account in the name of the Defendant’s wife, and used the 660,000 won, which is the price for the automobile part, for personal purposes, such as living expenses, around that time, while being transferred from September 3, 2010 to the national bank account in the name of the Defendant’s wife, and embezzled it by using the 140,770,463 won, which is the price for the automobile part, for personal purposes, as described in attached Tables 1, 2, and 3, from September 3, 2010 to February 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the questioning of the accused to the prosecution in the protocol of interrogation of the suspect (part concerning the statement in the J)

1. Statement made by the police to J;

1. A written confirmation of facts prepared by the defendant;

1. Electronic screen of each ham program;

1. Application of Acts and subordinate statutes on account transactions;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. From six months to two years of imprisonment on the sentencing guidelines, six months of imprisonment [the group of embezzlement and breach of trust, two types (at least KRW 100 million, less than KRW 500), and the area of mitigation (the special mitigation factor): significant damage.