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Reasons
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(영문) 부산지방법원 2018.09.05 2018고단2957
업무상횡령
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From August 15, 2016 to October 31, 2017, the Defendant: (a) was in charge of financial affairs in Yeonsu-gu Incheon Real Estate Development Business Co., Ltd., Ltd. on the eightth floor of the building B in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; and (b) was willing to use the victim’s funds used and managed by himself/herself in the ordinary course of business for embezzlement by reducing the victim’s funds

Around September 5, 2017, the Defendant arbitrarily transferred KRW 5,000,000 to the bank account of the name of the victim (number D) in the name of the victim (number D) used for ordinary business at the above office, and used it for personal purposes around that time. From that time until October 27, 2017, the Defendant arbitrarily transferred the sum of KRW 106,99,000 of the funds of the victim to the bank account of the said bank account under the name of the Defendant and used it for personal purposes.

Accordingly, the defendant embezzled the victim's property in his occupational custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes regarding account transactions;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] Class 2 (10 million won to be less than 500 million won) (6 months to 2 years) (the person who is specially mitigated) [the person who is not subject to punishment] (the decision of sentence], the first offender, and the fact that the damage has not been recovered, etc.

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