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(영문) 대구지방법원 김천지원 2014.05.08 2014고단229
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from December 2, 2012 to January 2014, has been engaged in the corporate fund management as a financial officer in the victim D Co., Ltd. operated by the representative director C in the Gyeong-si, Dong-do.

On June 14, 2013, the Defendant used the victim company’s funds of KRW 192,700 for personal purposes by granting approval for the payment of Internet shopping around that time while he/she kept the victim company’s funds of KRW 192,700 in D and C corporate accounts (E).

In addition, from around that time to December 31, 2013, the Defendant consumed total of KRW 34,492,100 on a total of 41 occasions as indicated in the annexed crime list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement in the second police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of each specification of transactions and statutes governing electronic tax invoices;

1. It is inevitable to sentence a sentence on an offense in light of the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act, including, but not limited to, the fact that the method of sentencing a sentence is inadequate, and that damage recovery measures were not taken;

Provided, That the punishment as ordered shall be determined by taking into consideration the fact that there is no particular criminal record other than one fine, confession and depth of the crime, and other matters, such as the age, character and conduct, family relationship, etc. of the defendant

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