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(영문) 의정부지방법원 고양지원 2012.10.31 2012고단457

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, occupational embezzlement listed in the attached list of crimes (1) is made.

Reasons

Punishment of the crime

The Defendant, from April 1, 2007 to September 30, 2010, was a management director of E operated by the victim D located in Goyang-dong, Yongsan-gu, Yongsan-gu, Seoul, and was engaged in the business and the collection of money at the said place of business.

On May 2, 2007, the Defendant collected KRW 800,000 from F, a business partner, from the above E office, and was in custody for the victim. At around that time, the Defendant arbitrarily consumed the amount for personal use in ancient cities, etc.

In addition, the Defendant, from around that time to September 27, 2010, embezzled a total of KRW 127,010,000 by the same method over 67 times, as shown in the List of Offenses (2) from around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D's prosecutor and police statement;

1. Protocol of the prosecutorial statement concerning G;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 356 and Article 355(1) of the Criminal Act relating to criminal facts and Articles 356 and 355(1) of the Criminal Act: The reason for sentencing sentencing of imprisonment [the scope of sentencing guidelines] the basic area of category 2 (not less than 100 million won, less than 500 million won) among the embezzlement embezzlement crime is 1 year - 3

[Determination of sentence] The sentence shall be imposed on the defendant in consideration of the fact that the amount of damage exceeds 100 million won, while the damage was not recovered at all, and the defendant has no criminal records exceeding the same kind of criminal records and fines, and all of the sentencing conditions in the arguments of this case shall be determined as ordered

The acquittal portion

1. The summary of the facts charged was transferred from the above E office on June 1, 2007 to the Defendant’s deposit account, and used at his own discretion for personal purposes.

In addition, the Defendant, from around that time to October 28, 2009, embezzled total of KRW 29,800,000 by the same method over 16 times, as shown in the List of Offenses (1).

2. Determination

A. Defendant and ..