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(영문) 수원지방법원 2014.11.27 2014고단5130
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From May 1, 2009 to April 28, 2014, the Defendant has been engaged in accounting affairs such as deposit and withdrawal with customers, payment of wages to employees, etc. in D’s “D” operated by the victim C from the victim C from the victim C from the victim C from the victim C.

On July 7, 2011, the Defendant transferred KRW 390,000 from the company bank account (E) in the above name “D” to the Internet banking account in the name of the Defendant, and then withdrawn it in cash and used it as the Defendant’s living cost.

In addition, the Defendant consumed the total amount of KRW 42,921,259 by the aforementioned method 97 times in total, as described in the separate crime list, from September 28, 2009 to April 25, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the second police interrogation protocol against the accused;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 356 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] Type 1 (100 million won) (No person with a special appearance] (decision of sentence] Defendant reflects his/her wrongness, primary offender, motive for committing a crime, amount of damage, etc., the sentence as ordered shall be determined in consideration of all the relevant sentencing conditions.

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