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(영문) 전주지방법원 2019.09.03 2019고단340

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

Reasons

Punishment of the crime

From September 21, 2015, the Defendant has been engaged in the sales and collection of goods of the said company as a business employee at the victim B C Jeonju, Inc.

On May 2, 2018, the Defendant deposited KRW 2,00,000 from D, a business partner, in an account in the name of the Defendant and used KRW 340,000 out of the same day as gambling money in mind on the same day while the Defendant kept it for the said company.

In addition, from March 30, 2018 to October 13, 2013 of the same year, the Defendant consumed total of KRW 76,216,50 on a total of 296 occasions as indicated in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Statement (E);

1. Application of Acts and subordinate statutes to report on investigation (report on the adjustment of embezzlement amount to a suspect);

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

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

1. The Defendant’s behavior, which has dumped the company’s trust on the grounds of sentencing Article 62-2 of the Criminal Act, is subject to criticism, by taking advantage of gambling funds, etc.

Furthermore, the period of embezzlement and the amount of embezzlement are reasonable.

However, in consideration of the fact that the defendant is a primary offender and the amount of damage, 40 million won has been repaid and the remainder has been promised to pay in installments, and the victim wants to have the wife in the part of the victim, the punishment shall be determined like the order.