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(영문) 춘천지방법원 원주지원 2015.08.11 2015고단396

업무상횡령

Text

A defendant shall be punished by imprisonment for six 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 1, 2010 to September 2014, the Defendant, along with the victim C, operated F and G trademark clothing points in the name of “E” located in the original city with the victim C, while engaging in the business of managing funds.

On September 201, the Defendant arbitrarily used KRW 74,806,760, total sum of KRW 72 times as indicated in the annexed Table 1 and Table 2, and embezzled KRW 1,595,20, while he/she was in custody for a victim, only KRW 1,858,90, which was part of the cash received as the price for clothes from an unclaimed guest in the office of the above clothing store as the price for clothes, and arbitrarily used the remainder of KRW 1,595,20 for living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on supplement of each complaint against C;

1. Application of Acts and subordinate statutes to the details of transactions of each joint passbook, suspect personal bankbook, transaction details, F, cash deposit data in G store, and account transaction details;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Embezzlement 1 (100 million won) basic field of embezzlement and breach of trust / [Recommendation field, Recommendation type] / April to April 14 (general person] - The mitigation element : In the case of embezzlement - there is no strong reflectness and no record of criminal punishment : In the case of embezzlement - [whether suspended execution is suspended or not] - In the case of the crime of embezzlement - Unagreement - the negative reasons for general reference are positive: Unagreement - There is no clear social relation - there is no criminal record of serious reflectness, serious reflectness, or suspended execution or more (decision of sentence] 6 months, suspended execution 2 years, community service order: Defendant’s embezzlement amount was 70,000 won

However, the object of embezzlement crime is that the defendant and the victim have 50% shares in each of the 50% shares, so the actual amount of damage suffered by the victim is about 37 million won, half of the above embezzlement amount.