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(영문) 전주지방법원 2015.05.14 2014고단2176
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From November 20, 2013, the Defendant, as a business member of E operated by the victim D in Sogjin-gu Seoul Metropolitan City from November 20, 2013, has been engaged in the sale and collection of remote areas and money of the said company.

On May 31, 2014, the Defendant collected KRW 1,960,000 from H operated by G in the Seoul Special Metropolitan City F, Jeonju-si, and used KRW 1,960,00 for a personal purpose, such as living expenses, at the cost of Jeonju-si.

In addition, from around that time to October 31, 2014, the Defendant consumed the total of KRW 21,031,500 in the same way from the front city through the same method 25 times, as shown in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to the crime sight table, written confirmation of transaction, and detailed statement of transactions of bankbooks in the name of the suspect, I, and H monthly embezzlement and losses;

1. Relevant statutory provisions regarding criminal facts and Articles 356 and 355(1) of the Criminal Act’s reasoning for sentencing (consigning to imprisonment, choice of imprisonment) are the primary offenders. All of the instant crimes are recognized, and the depth of the instant crimes is divided, and the most favorable circumstances are recognized, such as the fact that the Defendant has to support his wife and her children.

However, the amount of damage in this case is relatively large and the defendant did not take any measures for the recovery of damage, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other factors of sentencing under Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime, shall be determined by taking into account

It is so decided as per Disposition for the above reasons.

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