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(영문) 수원지방법원 2015.01.14 2014고단3413
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2014, the Defendant was sentenced to a suspended sentence of two years on August 3, 2014 at the Seoul Central District Court for the violation of the Act on the Control of Narcotics, Etc. (fence) and the said judgment became final and conclusive on October 3, 2014.

【Criminal Facts】

The Defendant, from November 2012 to November 201, 2013, was a general director in charge of production and business of the Victim B Co., Ltd., a person who has overall control over the production and business of drone production and business.

On February 5, 2013, the Defendant transferred KRW 1.5 million from C, the representative director of the victim, to the Agricultural Cooperative (D) account in the name of the Defendant, and used for paying credit card prices for the victim’s company, from that time until September 4, 2013, as shown in the attached Table of Crimes, during the period from September 4, 2013, the Defendant used KRW 20,000,000,000,000,000,000,000, from the victim company for the sake of the victim company, to pay for credit card prices.

Accordingly, the Defendant embezzled 20 million won of the victim company's funds in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the sentencing guidelines for sentencing [decision of a type] the group of embezzlement crimes-10 million won or less [the scope of the sentencing guidelines and the scope of the sentencing guidelines] basic area (one month to one year and four months for imprisonment): None of the special persons:

3. Determination of sentence and the amount of damage of this case shall be made within the scope of recommendation as ordered in consideration of the amount of damage of this case.

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