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(영문) 청주지방법원 2020.08.12 2019고단2604
업무상횡령
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 1, 2012 to February 28, 2019, the Defendant was a person who had been engaged in the conclusion of a ready-mixed contract and the collection of money. On October 27, 2018, the Defendant received deposits from the Korea Agricultural Cooperative (E) for the Defendant managing KRW 1,000,000 from the customer of the victim company C as the customer of the Defendant, and embezzled the money for the Defendant’s living expenses, etc. during his/her occupational storage from around February 23, 2019 to around February 23, 2019 by voluntarily consuming KRW 37,513,200 in the above method as shown in the list of crimes.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. Application of Acts and subordinate statutes to details of transaction, electronic tax invoices, ledger of transaction partners, statement of embezzlement, and statement of deposit and withdrawal;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) shall be limited to embezzlement and breach of trust (the first type).

3. The decision of sentence shall be made identical with the order, comprehensively taking into consideration six months of imprisonment with prison labor, the background of the case in this case, the scale of damage, the restoration of damage, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, and other factors.

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