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(영문) 수원지방법원 여주지원 2012.12.26 2012고단804
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around December 30, 2009 to December 30, 201, the Defendant, as an alcoholic beverage sales member of the victim D (representative E and staff F) corporation located in the wife population C of Gyeonggi-do (the representative E and staff member F), was engaged in the business of managing and collecting the attempted bonds of the said company.

On November 10, 2010, the Defendant: (a) transferred KRW 200,00 to the Defendant’s Agricultural Cooperative Account (Account Number:J) for alcoholic beverages from the first week operated by H in Echeon-si, Gyeonggi-si; and (b) used KRW 200,00 for personal purposes, such as living expenses, entertainment expenses, etc. around that time.

In addition, the Defendant, from around that time to November 14, 201, embezzled KRW 18,265,40 of the liquor price in the course of business for the victim company by the same method from Echeon-si to 33 times, as indicated in the list of crimes committed in the attached Table, and embezzled by using the same method for personal purposes, such as living expenses and entertainment expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint, list of crimes, statement of non-performing loans, and written confirmation of payment from customers;

1. Current status of deposits;

1. A detailed statement of ordinary deposits transactions and a certificate of deposit transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (data submission of the current status of deposits on each date of the complainant's sales office, and the confirmation of the amount of criminal suspect's occupational embezzlement on December 28, 2010);

1. According to the sentencing guidelines for sentencing under Articles 356 and 355(1) of the relevant Act on the crime of this case, the scope of sentencing for the crime of occupational embezzlement of this case is “from April to April of imprisonment” because the crime of occupational embezzlement of this case falls under the basic area among Type 1 of the crime of embezzlement and breach of trust.

It is possible to compare and review the reasons for the suspension of execution with the negative reasons for the suspension of execution(unagreement).

Defendant is led to confession, reflective, and one eye is not visible, and there is a family member with support, and a fine is punished more than twice for suspended execution.

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