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(영문) 서울서부지방법원 2013.09.13 2013고단1573
업무상횡령
Text

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

Reasons

Punishment of the crime

From April 2011, the Defendant served as the chief of the management support team accounting division in the victim labor law firm "D" in the 6th floor of Seoul Gangnam-gu Seoul building, and was in charge of the management of passbook entry and exit.

On May 23, 2011, the Defendant paid KRW 735,600 to employees in distress of the victim’s name at the above company’s office, but was in custody for the victim after the business trip was revoked and the equipment was returned from the said employee and was in custody for the victim. At that time, the Defendant arbitrarily used it for personal living expenses and debt repayment and then embezzled 114,457,394 won in total by the same 47 times as indicated in the separate crime list from around September 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of a copy of the statement of money attached to each complaint and the Acts and subordinate statutes governing passbook copies;

1. Articles 356 and 355(1) of the Criminal Act, comprehensively including applicable provisions on criminal facts and the choice of a sentence, the reason for sentencing a sentence of imprisonment is that the Defendant committed the instant crime during the period of suspension of execution of the same kind, the amount of damage is large, and the damage is not paid at all, and the Defendant’s age, character and conduct, and environment are determined as ordered in consideration of all the sentencing conditions indicated in the instant case.

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