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(영문) 서울중앙지방법원 2013.10.24 2013고단5542
업무상횡령
Text

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

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2012, the Defendant has been working as a contractual worker at the Gangnam-gu Seoul Branch of the Victim People's Bank Co., Ltd. in Gangnam-gu, Seoul, and has been in charge of receiving cash from other employees and depositing into the treasury.

On February 14, 2012, the Defendant embezzled the property of the Victim Bank by using the sum of KRW 70 million in the same 43 times from March 25, 2013, as shown in the separate sheet of crime, by arbitrarily using the same method until March 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 356 and 355 (1) of the Criminal Act, inclusive, by relevant provisions concerning the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The types of recommending sentencing criteria: Embezzlement/Misappropriation, misappropriation, special sentencing factors less than 100 million won: In a case where the punishment is not granted or a significant damage has been recovered (requirements for mitigation): the serious reflective factor, there is no record of criminal punishment (requirements for mitigation), in a case where the crime of embezzlement is committed: The scope of recommending the suspension of execution of one month or ten months from the date of imprisonment to the date of the suspension of execution of execution of execution of major pride - Where significant damage has been recovered: In a case where significant damage has been recovered, the amount not to be punished - General pride - The amount of repeated crimes committed clearly, the amount of serious reflects, there has been no previous convictions higher than the suspension of execution, and efforts to recover the serious damage;

2. Eight months of imprisonment with prison labor and two years of suspended sentence;

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