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(영문) 의정부지방법원 2016.10.20 2015고단3955
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, around September 2008, entered into a “Berers Partnership Agreement” with the Victim C, a person who works for the Government D D agencies of C, and was in charge of agency management and travel goods sales, etc., and is obligated to deposit all of the settlement payments for travel goods sold by the said agencies into the corporate account of the Victim Co., Ltd.

Around February 17, 2015, the Defendant sold travel goods to E, received KRW 20 million as the price therefor from an individual account under the name of the Defendant, and kept in custody for the victim corporation. At that time, the Defendant consumed the Defendant’s personal use as the name of repayment of the Defendant’s existing debt and return of the travel price to other customers in the old-si region at that time, and used KRW 106,874,320 for all 19 times from around that time to August 7, 2015, as indicated in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint and a list of offenses;

1. Application of Acts and subordinate statutes on transaction confirmation;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] that there is no basic area (1 to 50 million won) [1 to 10 million won] (1 to 3 years] [the decision of sentencing] [the defendant has received travel fees from travel contractors and used them as personal business funds, etc. even if the defendant has received them as travel fees from travel contractors, the victim is paid damages from the travel contractor, but the victim is only deemed to have not been repaid, and the amount he has been repaid directly by the defendant is deemed to have little, and the conditions of sentencing as shown in the arguments, such as age, character and behavior, environment, motive, means and consequence of

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