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(영문) 의정부지방법원 고양지원 2012.12.28 2012고단1120
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a business member of Gyeyang-gu D Distribution operated by the Victim C from August 3, 2010 to February 22, 2012, who was engaged in the business of selling goods and collecting money in D Distribution.

Around November 3, 2010, the Defendant received goods payment of KRW 1,350,000 from Eart to a new bank account under the name of the Defendant, and was in custody for the victim, and used at the same time for personal use, such as the Defendant’s living expenses, in mind, at the high time of Goyang-si around that time, and embezzled the goods payment of KRW 96,957,148 from that time to March 2, 2012, such as the list of crimes in the attached list, by depositing them into a bank account under the name of the Defendant and the Defendant’s mother F, and using them for an individual purpose.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. The written statement of the defendant;

1. A complaint;

1. Each investigation report;

1. Application of Acts and subordinate statutes on the details of each financial transaction and the difference between amounts by company;

1. Article 356 and Article 355(1) of the Criminal Act regarding criminal facts and Articles 356 and 355(1) of the Criminal Act: The reason for sentencing the sentence of imprisonment [the range of sentence recommended according to the sentencing criteria] among the embezzlement embezzlement crime, the basic area of category 1 (less than 100 million won) is four months - one year and four months

[Determination of Sentence] The actual amount of damage of this case is 8,691,072 won, while the actual amount of damage of this case is 88,691,072 won, and the defendant has not recovered from damage and the defendant has been sentenced to the same sentence only once. The most part of the embezzlement of this case is deemed to have occurred from the sale of the defendant's salt, the defendant's recognition of the crime of this case, and all other sentencing conditions in the argument of this case shall be determined as per the Disposition.

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