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(영문) 인천지방법원 2014.10.24 2014고단5934
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from January 1, 2013 to November 30 of the same year, worked as a general manager at the Notification Board D operated by the victim C in Bupyeong-gu Incheon, Bupyeong-gu from around November 1, 2013, and was in charge of collecting monthly user fees from the occupants of the Notification Board.

On January 2013, the Defendant received a monthly fee of KRW 162,00 from an occupant in the name of the deceased who was residing in the Gosiwon and embezzled by voluntarily consuming the monthly fee of KRW 162,00 for living expenses around that time, etc., and embezzled the monthly fee of KRW 24,805,680 from each occupant during the period of November 201, 2013, and embezzled the monthly fee of KRW 24,805,680 as the monthly fee for use from each occupant until the police officer in the middle of 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on embezzlement;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] category 1 (less than KRW 100 million) and the basic area (from April to January 1) (no person specially punished];

2. In light of the favorable circumstances, the fact that the defendant who was sentenced to the sentence of this case led to the confession of the crime of this case and reflects the crime of this case, the fact that the defendant did not pay damages even if the amount embezzled is not certain shall be considered disadvantageously, and the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc. shall be determined as ordered.

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