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(영문) 서울서부지방법원 2015.11.18 2015고단1891
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From July 21, 2014, the defendant is the head of the business division of the corporation C, which is the victim in Gyeyang-gu B, Gyeyang-gu, Gyeyang-gu.

On December 31, 2014, the Defendant collected sales proceeds of KRW 4,517,00 from Eart located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul and used the amount for personal purposes such as entertainment expenses at will from the members of the Seoul Metropolitan Government around that time.

The Defendant, from around that time to February 4, 2015, kept KRW 19,487,742, a sum of sales proceeds collected for the victim from a branch in Seoul Metropolitan City, such as the list of crimes in attached Table, and embezzled it by arbitrarily consuming it from a member in Seoul Special Metropolitan City as entertainment expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending sentence] Article 62(1) of the Criminal Act [the grounds for sentencing as described below] Article 62(1) of the Act on the Suspension of Execution [the scope of recommending sentence] Article 1(1)(100 million won] of the basic area (the decision of sentencing] / [the decision of sentencing] the total sales proceeds embezzled is about KRW 20 million and the damage is not completely recovered, and thus the case is not easy. However, the defendant is led to confession and reflect, and there is no record of being punished more severe than the same kind of

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