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(영문) 수원지방법원 성남지원 2015.12.30 2015고단1981
업무상횡령등
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In four months of imprisonment with prison labor for each crime of No. 1 through No. 10 of the crime sight table of No. 2 of the judgment of the defendant. 1 of the judgment.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court on February 13, 2015, and the said judgment became final and conclusive on February 24, 2015.

【Criminal Facts】

1. The Defendant, from November 2008, has been engaged in sales and collection of 'E operated by the victim D' in Gangnam-gu Seoul as a business employee from around November 2008.

On July 2012, the Defendant was in custody for the victim by collecting 500,000 won from “G”, which is the business partner in the Busan Jin-gu, Busan, and was in custody for the victim. Around that time, the Defendant used the money for entertainment expenses at the Gangnam-gu, Seoul, and used it for personal purposes, such as using it for entertainment expenses or paying personal debts.

From around that time to July 2015, the Defendant arbitrarily consumed the total of KRW 110 million by the aforementioned means 37 times, such as the list of crimes in attached Table 1.

Accordingly, the defendant embezzled the victim's property.

2. A thief: (a) on July 9, 2014, the Defendant: (b) committed a theft by having a number of 1,00,000 won or more at the market price of the victim’s possession located in a credit cooperative located in Gangnam-gu Seoul, Seoul; (c) from around that time to August 18, 2015, the Defendant committed a theft with a multimond equivalent to KRW 190,70,000 in total market price over 35 times, as shown in attached Table 2 of the List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Books of the company organized;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Articles 356, 355(1) (mainly and inclusive of occupational embezzlement) and 329 of the Criminal Act concerning criminal facts, and choice of imprisonment with prison labor, respectively;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.

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