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(영문) 의정부지방법원 고양지원 2016.08.18 2016고단91
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 30, 2012, the defendant, as the representative director of the victim D Co., Ltd., a tent production company located in C at the time of the Madern-si on July 30, 2012, was in charge of overall management of the above victim's company's personnel, management and accounting

On August 27, 2012, the Defendant, at the office of the above victim company, transferred to the new bank account in the name of the Defendant, the Defendant, the transaction firm of the victim company, at the office of the above victim company, the amount of KRW 30 million was transferred from the UN to the new bank account in the name of the Defendant, and used the money for personal use, such as living expenses, at the time of the strike.

In addition, from around that time to August 19, 2015, the Defendant received transfers through the same method 71 times in total as indicated in the list of offenses, and consumed 342,904,38 won in mind while working for the victim company.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including part concerning the E-examination);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquiries about the details of each liquidity transaction, invoices, details of financial transactions, and details of demand account transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing as set forth below) [Scope of recommendation] Type 2 (2) (not less than KRW 100,00 but less than KRW 500,00) in the area of mitigation (6-2) [Special Mitigation] (a company or family company (a decision of sentence): The amount of damage to the instant crime exceeds KRW 340,000,000.

An amount equivalent to the damages was paid as living expenses of women.

The favorable circumstances: the defendant is against the defendant, and there is no same kind of criminal record.

At the time of crime, the victim company is one company and the defendant was one shareholder.

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