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(영문) 의정부지방법원 2016.07.08 2016고단1115
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

The defendant, from June 1, 2006, has been engaged in the management of the cash revenues, etc. of the above company E company as the director of accounting division of the victim E company in Sincheon-si.

On June 11, 2010, the Defendant spent 50,000 won of cash revenue for personal purposes at the I gas station located in Spocheon-si, Y on June 11, 201, when the Defendant was in business custody at the Defendant’s wife F’s branch account (Account Number: G) located in the Agricultural Bank located in the Agricultural Bank located in the Agricultural Bank located in the Agricultural Bank of Korea, the Defendant consumed 50,000 won of oil for personal purposes.

From around that time to November 27, 2013, the Defendant embezzled total amount of KRW 88,775,120, which was kept for business on behalf of the said company for personal purposes, as shown in the list of crimes in attached Table 171.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the police against J;

1. Each police statement made with respect to F, K, L, M, and N;

1. Response data, investigation reports (related to confirmation of transaction details, etc.), and investigation report (in the case of confirmation of transaction details, etc.), on a request for provision of investigation data;

N’s investigation process

1. A statement of F Trading and a statement of E trading;

1. The application of the relevant Acts and subordinate statutes to the details of checking bank deposits, based on the results of inquiries into the operation of the receipt room, the current service example table, the receipt room list, the details of entry of revenue, the ledger of each account, the cash receipts and disbursements of the receipt room, the daily table, and the details of transactions of deposits and withdrawal;

1. Relevant Article 356 of the Criminal Act and Articles 355 (1) (main sentence) and Article 355 of the Criminal Act concerning the selection of punishment for the crime;

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 / [the scope of recommended punishment] Class 1 (100 million won or less) (1 month or October) in the mitigated area (the person subject to special mitigation] [the decision of sentencing] in the instant case was committed repeatedly over a prolonged period, and the amount of damage was the maximum amount.

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