(영문) 광주지방법원 2018.04.12 2017고단5747

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자간(%)

(영문) 광주지방법원 2018.04.12 2017고단5747

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From January 2016 to December 2016, the Defendant was in charge of the purchase and sale of goods, collection, accounting, etc. in the victim C, a company located in Gwangju Mine-gu, Gwangju.

On May 31, 2016, the Defendant embezzled total of KRW 30,273,850 over 46 times from around January 2, 2017, as shown in the annexed Table of Crimes, from K, which received KRW 120,000 from the victim company to the Agricultural Cooperative (L) account in the name of the Defendant, and was in the course of business custody for the victim, and then arbitrarily recovered KRW 120,000,000 from around that time to January 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to M and N;

1. A criminal investigation report (O concerning facts constituting a crime of price for goods on June 7, 2016), a criminal investigation report (related to calculating the amount of embezzlement for the P goods), a criminal investigation report (revision of a crime list), and a criminal investigation report (to hear statements by a complainant);

1. Application of Acts and subordinate statutes to the business bank account transaction statement in the name of the recipient, the name of the accused person, the statement of the transaction of the Nong Q Q account in the name of the accused, and the transaction statement of the company bank account;

1. The reasoning for sentencing of punishment [the scope of recommending punishment] under Article 356 of the pertinent Act and Articles 355(1) of the Criminal Act regarding criminal facts and Article 355(1) of the Criminal Act [the scope of recommending punishment] [the scope of punishment] [the person who is subject to special sentencing] of the basic area (4 months to 100 million won] [the decision of sentencing] [the person who is subject to special sentencing] of the defendant led to the confession of the crime, and there is no criminal record of the same kind, the crime of embezzlement continued for a considerable period, the accumulated amount of damage is not significant, and no specific measure for recovery of damage has been taken until now, the punishment as ordered shall be imposed.

참조조문

-형법 제355조 제1항

-형법 제356조

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