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(영문) 의정부지방법원 고양지원 2014.11.21 2014고단1183
업무상횡령
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who, from October 1, 2010 to September 12, 2013, worked as the head of the business administration division in which the financial accounting, personnel management, general affairs, etc. of the Korea Branch of Victim B Co., Ltd. (hereinafter “victim”).

On November 29, 2010, the Defendant, while managing the funds of the victim company and keeping them, withdrawn KRW 20,000 from the account of the victim company's corporate bank (C) and arbitrarily used them for the purpose of personal debt repayment, living expenses, etc.

In addition, from around that time to July 31, 2013, the Defendant consumed KRW 77,642,498 in mind, such as withdrawing money from the account of the victim company or using the corporate card in the name of the victim company for personal purposes, such as the list of crimes in attached Table 201 times.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Business registration certificate, etc.;

1. Letter of payment;

1. A list of transactions by account, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Grounds for sentencing [the scope of recommending sentence] under Articles 356 and 355(1) of the Criminal Act of the pertinent Article on criminal facts [the scope of recommending sentence]: Type 1 (100 million won) in the basic area (4 to 1 year and 4 months) [the decision of sentencing] has continued to commit a crime for a considerable period of time, and it is inevitable to sentence the amount of damage as well as the amount of damage.

However, the Defendant was sentenced in consideration of the fact that there was no record of being sentenced to the punishment heavier than the previous suspension of qualification, and that the Defendant made a confession of the instant crime.

It is so decided as per Disposition for the above reasons.

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