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(영문) 부산지방법원 2014.07.24 2014고단4127
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant worked as the director and the vice-director of the victim C corporation located in Busan Jin-gu B from around January 1999 to January 2014, and performed duties such as customer counseling, travel cost receipt and settlement.

On November 1, 2011, the Defendant collected KRW 5,823,200 from customers D to travel to Western Europe, and used them for personal purposes, such as the Defendant’s repayment of debt, etc. around that time.

In addition, from around that time to January 27, 2014, the Defendant arbitrarily consumed the total of KRW 93,321,000 in the same way as indicated in the attached list of crimes, and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. It is so decided as per Disposition on the grounds that the reason for sentencing [the scope of recommending sentence] under Article 62(1)(see, e.g., Supreme Court Decision 8 months of imprisonment with prison labor, suspension of execution of two years of suspended execution (agreement (refiscing of damage), reflectivity, and family correspondence), or more of imprisonment with prison labor, suspension of execution of two years (refiscing of damage), or more of imprisonment with prison labor.

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