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(영문) 대구지방법원 2017.11.30 2017고단5041
업무상횡령
Text

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

On July 10, 2007, the Defendant was enrolled in the Dispute Resolution Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) and worked as the managing director of the said company until June 30, 2016, and was in charge of the management of the company’s funds, such as the management of the company’s construction cost, employee’s wages, and various public charges.

Around April 19, 2008, the Defendant, at the victim company office located D 1st floor in Busan Metropolitan City, around April 19, 2008, received construction cost from the customer in the name of the said company from the bank passbook (Account Number E) and embezzled the funds of the victim company by in violation of the victim company’s duty by using the Internet banking at his own discretion to transfer 496,000 won to the passbook (Account Number:F) in the name of the Defendant, and then using it for living expenses, such as personal cell phone use fees, etc. around that time, as described above, until June 1, 2015, as in the separate crime list, until June 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Current status of utilization;

1. A written statement of financial transactions;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on investigation reports (the change of the amount of embezzlement and the correction of the list of crimes);

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts (Optional to imprisonment);

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommended punishment] Class 2 (10 million won to be less than 500 million won) (6-2 years to be mitigated) (the person subject to special mitigation] in the mitigated area, or the case where significant damage has been recovered (the decision of sentencing), the following circumstances are taken into account: the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and result of the crime, and the various sentencing factors indicated in the argument of this case, such as the circumstances after the crime, etc., shall be determined as ordered.

The favorable circumstances: 80,000,000 won for the victim company after this case was committed.

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