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(영문) 부산지방법원 2014.09.04 2014고단3615
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since September 2010, the Defendant, as the head of the business division of C, a victim corporation located in Ku-gu B, Busan, has been engaged in the business of customers, goods delivery, sales proceeds, and collection of outstanding amounts of the above company.

On January 1, 2013, the Defendant collected KRW 2,672,800 from Emocom, which was operated by the winners of the names in Jinsu-gu, Jinnam-si, Changwon-si, Jinnam-si, and used the money for personal purposes such as living expenses, etc. around that time.

From around that time to March 4, 2014, the Defendant embezzled the total amount of KRW 75,760,60,000 on 35 occasions, as indicated in the attached list of crimes, and embezzled in the same manner as it was kept for the said company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes for investigation reports (the date, time, place, and description of the amount);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decisions 6 months of imprisonment with prison labor, 6 years of suspended sentence, one year of suspended sentence (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 2007).

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