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Reasons
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(영문) 수원지방법원 안산지원 2017.11.10 2017고단671
업무상횡령
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 5, 2010 to July 27, 2011, the Defendant served as a vice head of the victim E company located in Ansan-si, Ansan-si, and from July 28, 201 to September 1, 2016, the Defendant was in charge of collecting heat treatment costs, etc. from the customer.

On February 19, 2016, the Defendant received and kept KRW 1,930,00,000 from F Co., Ltd. F, Ltd. for the Defendant’s personal use from F, Co., Ltd. around that time. Around that time, the Defendant arbitrarily consumed the Defendant’s personal use from F, etc. to Aug. 2, 2016, the Defendant received and kept the amount equivalent to KRW 24,279,200,00 from Jan. 11, 201 to Aug. 2016, which was to be paid to the victim by the Defendant’s transaction partner, as in the list of crimes in the attached Form.

Accordingly, the Defendant embezzled the total amount of 24,279,200 won owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G and H’s legal statement;

1. Statement of the police statement related to G;

1. Application of each fact-finding certificate and Acts and subordinate statutes of a transaction specification list;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] No person who has no basic area (from April to January 1) [the person subject to special sentencing] [the decision of sentence] [the defendant is in charge of the duties set forth in its reasoning] The defendant needs to be subject to strict punishment against the defendant in light of the circumstances leading up to the crime of this case, the method of the crime and the manner of the act, the degree of damage, etc. committed by him/her.

However, most of the charges are charged by the defendant.

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