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(영문) 창원지방법원 2019.10.18 2019고단1054
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant served from February 1, 2016 to December 5, 2018 as a victim Co., Ltd. C’s accounting employee located in Seocho-gu, Changwon-si, Changwon-si, and has been engaged in the business of managing and disbursing the funds of the said company.

The Defendant was in the custody of the said Company’s money deposited in the D Bank Account (E) and the F Bank Account (G) in the name of the said Company for the said Company. Around April 25, 2016, the Defendant entered the said Company’s office into the “National Tax (State)C” in the account transfer record as if he paid KRW 7,246,430, the amount of KRW 7,246,430, the amount of KRW 7,246,430, from the said Company’s D Bank Account (E) to the Defendant’s D Bank Account (H), and then arbitrarily used it for the personal purpose around that time from February 2, 2016 to November 2, 2018, the Defendant arbitrarily used KRW 228,454,572,619, the total amount of KRW 2280,375,787,572,619 under the name of the said Company to the Defendant’s remaining account in the name of the said Company’s name of the said Company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes to a letter of disbursement (81 sheet), each account transaction statement (I.S., D Bank, L Bank), and the detailed statement of transactions (I.S., D Bank, and L Bank);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommended recommendations], the scope of embezzlement and breach of trust [the type 2], the amount of which is at least 100 million won, the amount of which is less than 500 million won [the amount of special appearance], the mitigation of which is less than 500 million won, and the mitigation area of punishment or significant damage (the scope of recommendation areas and recommendations),

2. Determination of sentence;

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