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(영문) 춘천지방법원 강릉지원 2016.12.01 2016고단1340
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around March 2016, the Defendant was a person who served as a tree at the construction site of C, a corporation operated by the victim B.

Around July 10:47, 2016, the victim tried to transfer the said money to D, who worked at the above site, with a post office account (E) in the name of the defendant. On the same day, the victim notified the defendant of the above remittance at around 16:00 and requested him to return the said money.

As above, while the Defendant was in custody of the victim of KRW 20 million, the Defendant, around July 8, 2016, withdrawn KRW 200,000 from the cash withdrawal machine near Gangseo-si, Gangnam-si, around 07:13, and embezzled the total amount of KRW 46 times until July 13, 2016, using it for personal purposes, such as entertainment expenses, at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on financial transaction statements;

1. The scope of sentencing recommended according to the sentencing guidelines by taking into account the relevant legal provisions on criminal facts and the selection of a sentence under Article 355(1) of the Criminal Act: The punishment shall be sentenced by taking into account the following factors: (a) consumption of the amount of embezzlement within the short period of time when the sentencing of the sentence of imprisonment is based on the reasons for sentencing; (b) no effort is made to recover damage; and (c) the punishment shall be imposed, taking into account the fact that there is no criminal record or criminal record of property crimes or no criminal record; and

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