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(영문) 수원지방법원 2014.01.15 2013고단5757
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant, as a member of the D Gyeonggi Agency, who was located in the victim C from January 2007 to July 2007, was engaged in the sales and collection of equipment of the agency.

On February 20, 2007, the Defendant sold CRS-1015SSS from Pyeongtaek-si E to F, and transferred 7,730,000 won from F on February 28, 2007 as remainder to the Defendant’s agricultural bank account (G), and used 40,030,000 won from Dongbu Capital Co., Ltd. to the Defendant’s agricultural bank account (G), and used it for personal purposes, such as gambling, etc. around that time.

In addition, from February 3, 2007 to February 28, 2007, the Defendant consumed the total of KRW 57,035,000 by the same method nine times in total, such as the list of crimes in the attached list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a complaint, sales contract, account statement, loan certificate, and reply to a written request for collection of claims to the head of the claim, sales agency contract, and detailed statement of transactions in each transaction report;

1. In light of the fact that the defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime even though he/she was sentenced to a suspended sentence of imprisonment for the reason of sentencing under Articles 356 and 355(1) of the Criminal Act, the defendant again committed the crime during the said suspended sentence, the amount of embezzlement is very large, and that he/she did not endeavor to pay damages even after a long period of time has elapsed since the crime was committed, a serious punishment against the defendant is required.

However, the punishment shall be determined by comprehensively taking into account all the factors of sentencing as shown in the instant case, such as the motive, means and result of the instant crime, the circumstances after the crime, the age, character and conduct, family environment, etc.

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