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(영문) 서울서부지방법원 2014.06.18 2014고단377
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 July 1, 2012, the Defendant worked as the head of the management headquarters sub-general team B in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and was engaged in the affairs of settling accounts, filing tax returns, and managing corporate funds.

On January 30, 2013, the Defendant received KRW 2 million from a business partner to a new bank account (E) with the name of the victim C Co., Ltd., and was kept in custody for the victim company for the business of the victim, and withdrawn KRW 2 million around 12:53 on the same day, and consumed it for personal purposes, such as stock investment, sports soil, and the Defendant’s mother hospital.

From around that time to December 20, 2013, the Defendant arbitrarily consumed a total of KRW 180,000,000, as shown in the annexed List of Offenses, on a total of 25 occasions, as shown in the annexed List of Offenses.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes on deposit transactions and cash receipts and disbursements;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant made a confession of all the crimes of this case and is in profoundly against the Defendant.

B. The Defendant was sentenced to a fine on a drunk driving on 2002, and there is no record of any other crime.

C. The Defendant only agreed with the victim company, and the victim company does not want to punish the Defendant.

The defendant repaid 18 million won to the victim company, and the remaining 72 million won is repaid in installments from February 2014 to February 201.

The sentencing guidelines set forth in the sentencing guidelines [the range of recommendations] type 2 (10 million won or more to 50 million won) is mitigated (6-2 years or more) (special mitigation).

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