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(영문) 청주지방법원 영동지원 2015.02.05 2014고단243
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From February 2003 to May 31, 2014, the Defendant was in charge of funding and accounting at the victim (State)C located in the Chungcheongnam-gun, Chungcheongnam-gun.

On July 1, 2005, the defendant, while managing the corporate bank account of the victim company and keeping the company's funds on behalf of the victim company, withdrawn one million won in cash from the corporate bank account of the victim company for the payment of the card price.

From that time to April 15, 2014, the Defendant arbitrarily released corporate funds of KRW 209,925,592 in total from the accounts of the victim company's corporate bank, new bank, etc., and used them for the payment of card payment.

Accordingly, the defendant embezzled the property of the victim company that was kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A complaint;

1. Statement of the time and details of the use of funds;

1. Certificate of employment;

1. Application of Acts and subordinate statutes to the detailed statement of banking transactions and the details of passbook in each bank holding company;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (with regard to the occupational embezzlement and universality) and the reason for sentencing selective to imprisonment;

1. The scope of punishment by sentence: Imprisonment for one to ten years;

2. The scope of sentence recommended on the sentencing criteria [type of crime] embezzlement, and basic area of not less than 100 million won and less than 500 million won (determination of the scope of sentence] (one to three years of imprisonment);

3. Determination of sentence: The defendant, for a period of one year and six months, has withdrawn cash from the head of the Tong of the victim company and used it individually for a period of nine years as stated in the facts constituting an offense, in view of the fact that the amount of damage is a higher amount than KRW 200 million, and even if the damage is not recovered, the defendant shall be sentenced to a sentence. The defendant is the first offender, the defendant is led to the confession of the facts of the offense, and the defendant reflects his mistake, and the defendant's age, character and behavior, environment, and crime are committed.

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