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(영문) 의정부지방법원 2021.01.13 2020고단2433

업무상횡령

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, from June 2009 to May 201, 2019, worked as a business employee of the victim C’s “D” operated by the victim C in Namyang-si, Namyang-si, and supplied the damaged party’s goods to the customer, such as marina, and took charge of the business of collecting the price.

On April 14, 2016, the Defendant received KRW 331,500 from the business partner “F” located in Gangnam-gu Seoul Metropolitan Government, from Amcklim supply price, and used it for personal purposes, such as living expenses, etc. around that time, and embezzled by arbitrarily using the supply price of KRW 157,193,689, in total, from May 1, 2019 to May 1, 2019 in the following manner without delivering it to the victim, as shown in the list of crimes in attached Form 17,193,689.

Summary of Evidence

1. Statement by each prosecutor's office on the defendant's legal statement (as at the second public trial date) C;

1. A written statement made by the police against C and a person;

1. Application of Acts and subordinate statutes to the investigative report (case of submission of data related to the daily list of crimes), each crime sight table, each daily sales status table, etc., confirmation of balance of claims of each customer, investigation report on the results of electronic financial transfer (data regarding financial account transactions in the name of a suspect A), investigation report on the results of electronic financial transfer (data regarding the details of financial account transactions in the name of

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning criminal facts;

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type] of embezzlement and breach of trust [the type 2], the amount exceeding 100 million won, less than 500 million won [the person subject to special sentencing]], the basic area of the recommendation [the scope of the recommended punishment and the scope of the recommended punishment], one year to 3 years of imprisonment.

3. The amount of embezzlement due to the instant crime, which was determined to be sentenced, exceeds KRW 150 million.

The defendant shall pay interest from the damaged person.