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(영문) 수원지방법원 안산지원 2013.06.11 2013고단895
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From September 13, 2010, the defendant has been engaged in the business of entering and withdrawing funds of the above company as the accounting of D Co., Ltd., the victim in the wife population C, which is the victim in the wife population C.

On September 6, 201, the Defendant embezzled KRW 126,059,573 in the same manner as indicated in the annexed crime list from around around 200 to October 8, 2012, when he/she kept money deposited in the Japanese bank account in the name of the victim for his/her business on behalf of the victim, transferred 200,000 won to the Defendant’s agricultural bank account using Internet banking from the office of the victim in the wife population C, which he/she had been in the jurisdiction of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. Statement to E by the police;

1. A detailed statement of embezzlement, change of Sms, a detailed statement of corporation and representative account transaction, account transfer, a detailed statement of use of credit cards, a detailed statement of account transaction, a suspect's secret card, a detailed investigation report, each investigation report, and a detailed statement of overseas sales of cards;

1. Application of Acts and subordinate statutes to criminal records;

1. Although there are favorable circumstances to the defendant, such as the fact that the defendant's reason for sentencing under Articles 356 and 355 (1) of the Criminal Code of the relevant criminal facts is pening in depth of his mistake, the crime of this case is highly heavy in light of the method and result, etc., and even if the crime of this case has been committed for a long time after the crime of this case, the damage still remains not recovered, and other circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, relationship between the defendant and the victim, age of the defendant and the victim, occupation, family relationship, health status, etc. shall be taken into account, and the sentencing guidelines shall be taken into consideration.

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