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(영문) 서울남부지방법원 2014.05.28 2013고단4091
업무상횡령
Text

Defendant shall be punished by imprisonment for one year.

except that 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 February 10, 2012, the Defendant, from around February 10, 2012, was in charge of the victim (owner) director home shopping and financial management as the wholesale company for agricultural, livestock and fishery products located in Yeongdeungpo-gu Seoul Metropolitan Government D.

On May 21, 2012, the Defendant sold Mas Home Shopping, and transferred 7,00,000,000 won deposited into the account opened in the name of the Defendant to the account opened in the name of the victim company while in the course of carrying out business, and arbitrarily consumed it for personal purposes from around 13 times to November 22, 2012, as shown in the list of crimes in the attached Table, and embezzled the total amount of KRW 170,100,000 from around 20 to the account opened in the name of the Defendant or the Defendant’s wife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to defense counsel opinions;

1. Articles 356 and 355 (1) of the Criminal Act by universal title to the relevant criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution [Scope of Punishment ] Type 2 (100 million won or more) (one to three years) basic area (a person subject to special mitigation)] / In the event that a large amount of damage has been caused (including workers, shareholders, creditors, etc.), or in the event that serious damage has been caused to the victim (a decision of sentence] the decision of sentence is deposit or actually repaid money equivalent to a considerable amount of money for the victim, the defendant is the initial offender and recognized the facts of the crime, and the fact is divided, etc. In addition, the decision of sentence as per the order shall be made by taking into account the various circumstances that form the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments

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