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(영문) 서울남부지방법원 2015.09.16 2015고단2904
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

From May 2005 to January 31, 2012, the Defendant is a business employee of the “Korea knccam Co., Ltd.”, a victim in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 421-1, and has been engaged in the business of supplying functional health foods imported from the above company to the hospital or pharmacy, which is a customer, and collecting the price of supplied foods.

around May 208, the Defendant embezzled KRW 22,495,00 in total on 25 occasions by arbitrarily consuming part of the price of delivered functional health foods, such as loan interest payment, living expenses, etc., from a business partner of “B,” which is located in Suwon-si, Suwon-si, and then consuming KRW 52,50,000, in total, from around that time to January 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. C Statement of the prosecutor, expert witness, and witness;

1. A list of the delivery date, the collection date, and the outstanding amount by customer;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to the current status of customers and suspects);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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. Four months to one year and four months from the scope of imprisonment on the sentencing guidelines (Embezzlement and breach of trust, Type 1 (less than KRW 100 million), and basic area);

2. Although the decision of sentencing is not a large sum of the amount embezzled by the defendant, the defendant has embezzled the sum of his embezzlement for a considerable period of time, recognized the error and divided, deducted part of the amount of damage from retirement pay, thereby recovering some damage, and the defendant has no criminal record for the same kind of crime and has been fined three times due to drinking driving.

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