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(영문) 수원지방법원 안양지원 2016.08.23 2016고단383
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From June 1, 2015 to November 1, 2015, the Defendant served as an employee in charge of the management of passbooks and the withdrawal of passbooks from victim D located in Gunpo-si C to Gunpo-si.

The Defendant deposited KRW 100,000, which was deposited in the above account at the point of the station located in the Si of Mapopopopo-si on August 5, 2015, while working as an employee of the victim’s accounting staff, for the victim’s account, deposited the money for the victim’s account, and arbitrarily consumed it for personal purposes, such as living expenses, around that time.

In addition, from August 5, 2015 to November 10, 2015, the Defendant embezzled the victim’s property by voluntarily withdrawing the total of KRW 13,135,050 from the account of the victimized person’s passbook and consuming it for personal purposes, such as living expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the petition for accusation and documents attached to the petition for accusation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32(1) and (2), and 25(3)3 (in no case where it is unclear whether the applicant has the right to compensate on behalf of the victim D or on behalf of the applicant) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation - Reasons for determining favorable circumstances: The defendant recognized his/her mistake and reflects himself/herself; the defendant has no record of punishment; the defendant has no record of punishment; the defendant has repeatedly embezzled for a short period of time; and the defendant has not agreed with the victim;

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