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(영문) 수원지방법원 평택지원 2018.02.21 2017고단992
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A victim B is a corporation established for the purpose of skin management, etc., and the defendant is a person in charge of the affairs such as managing the corporate bank account in the name of the above branch, transferring profits, etc. while operating the "D" in Gangnam-gu Seoul from around 2012 to around 2016.

On January 15, 2015, the Defendant reported to the head office as if he did not have received a request for refund from the customer E while he had been in custody for the victim, and used the above KRW 2.4 million to the Agricultural Cooperative (G) account in the name of F.

In addition, the Defendant arbitrarily used total of KRW 42,433,91 on 75 occasions, as indicated in each of the annexed crimes list, between August 13, 2013 and May 20, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of the police interrogation of the accused (including H and I statements);

1. Statement made by the police to J;

1. The details of embezzlement of membership rights, the details of embezzlement of products rights, the details of embezzlement of prepaid rights, the details of transactions of accounts of each company bank, the details of accounts in the name of the accused bank, the details of accounts in the name of the accused bank, the details of accounts in the name of the H bank, the details of accounts

1. Application of Acts and subordinate statutes to report on investigation (to hear statements in the currency of a complainant's agent);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Where considerable damage has been restored to the mitigation area (one month to ten months) (special mitigation person) in the mitigated area (one month to ten months), applying the sentencing criteria (the scope of the recommended punishment is less than one hundred million won);

2. Determination of sentence;

(a) Unfavorable circumstances: The fact that the nature of the crime is not good in light of the method and period of the crime, and the amount of damage is considerably large;

(b)be favorable;

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