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(영문) 서울중앙지방법원 2016.08.10 2016고단713
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

From February 3, 2014 to May 2014, the Defendant served as the head of the department in charge of Mab F (non-guilty (non-suspected evidence) E’s entertainment shop operated by the victim D Co., Ltd. in Seoul Special Metropolitan City, and sold alcoholic beverages, etc. to customers, etc., and deposited the said F or entertainment service providers into the victim’s side by receiving the amount of money collected from customers from customers, or deposited the money directly from customers, and deposited the money into the victim’s side.

On February 5, 2014, the Defendant received payment of KRW 700,000 from G to the account of the F-person’s bank that the Defendant uses from G to the account of the F-person’s bank that is used by the Defendant. Around that time, the Defendant consumed the amount of KRW 70,00 for private use, such as living expenses, at his own discretion.

In addition, from around that time to March 27, 2012, the Defendant arbitrarily consumed the total of KRW 8,830,841 in the same way in the same way as in the list of crimes in attached Table 11 times in the city of Seoul and embezzled it for private purposes, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of the Korean bank account transactions law

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. The basic area (from April to April) of the sentencing criteria [the scope of the recommended punishment] Class 1 (the amount of less than 100 million won) (the person who is subject to special sentencing];

2. According to the rulings of sentence, the sentence of sentence is to be imposed in full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The crime of this case where the fiduciary relationship with the victim was neglected and the sales proceeds were embezzled repeatedly is not good.

It was not agreed with the victim, and the damage is completely recovered.

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