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(영문) 서울북부지방법원 2019.07.11 2018고단5027
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 2, 2014 to December 2, 2016, the Defendant served as a business member of the Victim C, a company selling camping equipment in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to dispose of the products sold to the business partner while engaging in the sales and collection of camping equipment of the said company.

On January 15, 2015, the Defendant sold to D at the office of the victim company, and embezzled the camping goods of 100,918,677 won at a total amount of 107 times from the time of voluntary disposal, etc. of the goods for the victim, which had been released from 58,860 won to 58,860 won, and kept in custody for the victim at his/her own discretion during the course of performing his/her duties, until December 28, 2016, the Defendant arbitrarily disposed of and embezzled the camping goods of 100,918,67 won, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of an alteration of the amount of embezzlement of a complaint company), details and amount of damage, details of bank transactions in the name of a suspect, criminal investigation report (related to evidentiary materials by a complainant), criminal investigation report (Attachment of materials submitted by a complainant), data submitted by a complainant (import report) and criminal investigation report (report on telephone conversations between

1. The circumstances are favorable to the Defendant, such as the pertinent provision of criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment, and the fact that the Defendant appears to have recognized and reflected the instant crime, and that the reason for sentencing imprisonment is likely to continue to endeavor to recover damage, and that more than half of the amount of damage is paid to the victimized company or secured by the victimized company.

However, the crime of this case is committed in 107 times during the period of 10 years and 11 months, in which the defendant worked for the victimized company, and then arbitrarily disposes of the damaged company's goods and embezzled them, and the nature of the crime is not very good, and the punishment of imprisonment is imposed as it is very poor.

The age and environment of the defendant, and the crime of this case.

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