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(영문) 의정부지방법원 고양지원 2015.05.29 2014고단81
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant, as a manager of the victim C Co., Ltd. (hereinafter “victim”) located in Mapo-gu Seoul Metropolitan Government from November 2007 to February 2, 2009, has been engaged in the duties of the management agreement and the collection of contributions by affiliated entertainers.

On December 20, 2007, the Defendant embezzled 31,130,000 won in total over 11 times from the date of the crime list from March 31, 2009, as shown in the separate list of crimes, while he was transferred 3,300,000 won for the victim company by an artist D (for example E) belonging to the victim company by transfer from the above victim company office, and used 3,30,000 won for the victim company.

Accordingly, the Defendant embezzled the total amount of KRW 31,130,000 of the damaged company's property.

2. Around March 30, 2009, the Defendant embezzled the amount of KRW 30 million under the pretext of partial repayment from the victim G to H at the office of the Co., Ltd. (1) around March 30, 2009, upon receiving a request from the victim G to transfer the amount of KRW 30 million borrowed from the victim G to H, and embezzled by using it as living expenses, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. G statement among the interrogation protocol of the defendant prepared by the prosecutor

1. The protocol of statement of prosecutor G;

1. Details of transactions in a bankbook, tax invoice, detailed statement of passbook, statement of remittance of passbook, and application of transfer certificate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 355 (1) of the Criminal Act (the point of embezzlement), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Sentencing Criteria for sentencing under Article 62-2 of the Social Service Order Criminal Act: The defendant is working as an entertainment planning officer around the time of the instant case as an embezzlement, a breach of trust, a type 1 (total sum of the amount of profit, less than 100 million won), a basic field, and a defendant from April to April.

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