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(영문) 서울남부지방법원 2014.10.31 2014고단1409
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 26, 2012, the Defendant has been engaged in the business of managing and collecting customers of the said company as an employee of D Co., Ltd., a victim of Ansan-si from around 26, 2012.

On February 20, 2013, the Defendant collected 3,600,000 won of grain from the Franart located in Yeongdeungpo-gu Seoul Metropolitan Government E and used it for the said company’s business. around that time, the Defendant used it for personal purposes, such as entertainment expenses, in mind at the daily center in Seoul Metropolitan City.

From around that time to October 29, 2013, the Defendant consumed total of KRW 79,080,350 on 62 occasions at the seat of the city in Seoul, such as the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The scope of the recommended type of punishment on the sentencing criteria shall be one (100 million won) basic area (4 to one year and four months), and no person shall be specially punished;

2. In full view of the fact that the amount of damage caused by the instant crime, which was determined by the sentence, is not much significant, the damage was not recovered most, but the Defendant committed against himself, and there is no criminal power over the suspension of execution, and the victim also seems to have been seeking the repayment of damage through economic activities rather than the Defendant’s detention. As such, it is reasonable to give the Defendant an opportunity to become a sound member of society, the suspension of the execution of imprisonment is sentenced as per Disposition.

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