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Reasons
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(영문) 제주지방법원 2016.12.21 2016고단2272
업무상횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of business management, on-site management, and accounting affairs under the conditions that the Defendant has a business revenue, while working in the household appliances delivery company called “C” operated by the victim B from October 2013.

On March 17, 2014, the Defendant transferred KRW 1,152,00,00 to an enterprise bank account in the name of the wife under the name of the transaction partner who is liable to pay the amount from the account of the victim’s account [B(C) E] by using the passbook of the victim’s account held for accounting work at the “C” office located in Jeju-si, Jeju-si, and the OTP (C) card.

In addition, from January 6, 2015 to January 6, 2015, the Defendant pretended to pay expenses to the customer of the victim in total at least 55 times, as shown in the annexed crime list, and embezzled KRW 36,509,849 on business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including B confrontationation);

1. Materials concerning the details of the accusation filed by B, the police statements made by B, the account transfer records, and the suspect A's embezzlement records;

1. Details of transactions, G statements, and investigation reports (to be accompanied by data submitted by a complainant);

1. Application of Acts and subordinate statutes to investigative reports (the amount of embezzlement specified-related materials attached);

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of punishment concerning facts constituting a crime: Imprisonment;

1. Suspension of execution: Ground for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentence of sentencing) basic area of embezzlement and breach of trust: The advantages of April 1 and April: The disadvantages of having no criminal record of the same kind and the suspension of execution, and the disadvantages of having no criminal record of the same or higher:

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