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(영문) 서울남부지방법원 2017.04.12 2017고단610

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant: (a) from May 201 to June 2012, the victim G, the representative of the F Office that supplies human resources to the said construction site from May 1, 201 to the F Office’s office at the said construction site, who had been working as a tree leader at the E road construction site performed by D Co., Ltd. from around B, 201, and was requested to pay wages to the said parts on several occasions, by transferring approximately KRW 2,150,000,000,000 in total of wages to May 2012 and June 2012 to the Defendant’s post office account in the name of the Defendant.

The Defendant, who was in custody of the above remitted wage for the victim, has embezzled the above wage by consuming it with the mind of the Defendant’s personal use, such as horse racing and living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement of the police statement related to G;

1. Investigation report (referring to MInterview and submission of materials for reference);

1. Application of Acts and subordinate statutes to a copy of an output of F-related printing, a copy of a deposit verification, a copy of account transaction details, a copy of confirmation, and a copy of a meri;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] below the amount of less than 100 million won [the (one type] [the person subject to special sentencing] [the area of recommendation and the scope of the recommended punishment], April to April.

3. The Defendant, while serving as the head of a tree group at the construction site, arbitrarily consumed and embezzled the body’s wages of KRW 21,50,000,000 for the body. Even if the amount of embezzlement is not significant, there has been no history of restoration from the date of crime until about five years since the date of crime, and there has been previous records of having been sentenced to punishment and fine due to embezzlement.