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(영문) 의정부지방법원 2014.04.15 2013고단4606
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from March 1, 201 to October 10, 2013, was engaged in the business of collecting insurance money paid from the victim Sungnam-ro Co., Ltd. with Lee Man-si 454-1 in Macheon-si, Lee Jong-si, and the sales price of remaining goods paid from L&C Co., Ltd. when the products were damaged during the delivery of the electronic products of the said company.

On February 28, 2013, the Defendant transferred KRW 2,097,886 to the national bank account (D) in the name of the Defendant from the fire marine insurance company as insurance money for the cargo liability at the above Sung-nam branch office, and consumed it for personal purposes such as card price, etc. around that time.

In addition, from around that time to October 28, 2013, the Defendant consumed the total of KRW 58,429,900 by the same method from the southyang Si to 53 times, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of passbooks in the defendant's name;

1. Application of Acts and subordinate statutes to file a complaint, an insurance policy, an online remittance request, guidance on the payment of insurance proceeds, and details of indemnities not adjusted;

1. Relevant legal provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the choice of punishment (including occupational embezzlement, including the decision of type), grounds for sentencing of imprisonment [decision of the recommended area] 100 million won [Determination of the recommended area] Basic field / [Scope of Recommendation] April to April 1 year [limited to general person] - Reduction element - Aggravation element: In cases of embezzlement [Scope of Punishment] applicable legal provisions / [Scope of Punishment] applicable legal provisions: January to 10 [Determination of Punishment] company / Defendant continuously and continuously committed the instant crime in violation of the duty of good faith to be observed as employees while serving as C, and the nature of the crime is good.

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