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(영문) 의정부지방법원 2015.04.13 2014고단3186
업무상횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from July 1, 2013 to October 31, 2013, was engaged in the sale of cremation and the collection of money as the business employees of the victim D in Gyeonggi-si (Seoul) from around July 1, 2013 to around October 31, 2013.

From July 1, 2013 to October 31, 2013, the Defendant supplied the G management H of Jongno-gu Seoul Metropolitan Government F with cremation amounting to KRW 22,068,920, and paid KRW 11,000,000 to the victim while being in custody for the victim after receiving all of the price of supply from the said G, and consumed the remainder of KRW 10,848,920 for the Defendant’s living expenses and debt repayment.

In addition, the Defendant consumed the total amount of KRW 54,379,030 by the aforementioned methods, as stated in the attached list of crimes, for the same period.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement made by each accused in the second and third protocol of trial;

1. Statement made to D by the police;

1. Each balance certificate (H, I, J, K, L, M, N,O, P, Q, R, S, and T);

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant statutory provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act (generally, occupational embezzlement, choice of imprisonment), the reason for sentencing [the scope of recommending punishment] [no person] in the basic area (4-100 million won) (4-100 million won) of the Criminal Act [the decision of sentencing] [the defendant has embezzled money exceeding KRW 50 million in the course of business while he/she has kept in custody for business purposes] In June, the defendant has embezzled money exceeding KRW 50,00,00 in excess of KRW 50,00,00 in the course of business, which is disadvantageous to the victim, the fact is against the victim, and the fact that there is no other penalty power than the one-time fine prior to this type is advantageous to the fact that there is no other penalty power. The punishment shall be determined by comprehensively taking into account the method and result of the crime in this case, the circumstances after the crime, the defendant'

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