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(영문) 수원지방법원 안양지원 2017.07.21 2016고단1438
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 20, 2013, the defendant was appointed as the internal director of the victim D Co., Ltd. located in Gangseo-si, Gangnam-si, and was engaged in the accounting and accounting affairs that manage the company's funds.

On November 14, 2013, the Defendant embezzled KRW 2,50,500, out of the amount deposited in the national bank account (Account Number: E) in the name of the victim company, by arbitrarily consuming the total amount of KRW 149,983,950, as shown in the attached Table of Crimes, from October 23, 2014 to October 23, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a full statement of transactions, a written confirmation of the utilization of public funds, and a repayment plan;

1. The relevant statutory provisions of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the grounds for sentencing [the scope of the punishment to be recommended according to the sentencing guidelines] - Type 2 (not less than 100 million won but less than 500 million won) - Special mitigated area (6 months to 2 years) - The punishment is not imposed [decision of sentence] - Unfavorable circumstances: The crime committed continuously embezzlement of funds of the victim company by pursuing that the defendant is in charge of fund management of the victim company is not good, and the amount of embezzlement exceeds KRW 100 million. - favorable circumstances are that the defendant was not paid benefits from the victim company for a considerable period. - The representative director of the victim company does not want the defendant's punishment, and the defendant is the first offender.

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