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(영문) 인천지방법원 2013.10.29 2013고단4685
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From November 2012 to July 3, 2013, the Defendant has been engaged in the fund management duties as the vice head of the (State) E, located in the Dong-gu Incheon Metropolitan City, Dong-gu, Incheon.

Defendant,

1. On November 16, 2012, while the aforesaid (E)E has to transfer 4.5 million won to the Motor Vehicle Drawers, consumption is in the course of its business custody for the Company in discharge of its personal obligations;

2. On June 26, 2013, while the Company has been in the custody of the Company for its business purposes, consumption in the repayment of personal obligations of the Company’s 16 million won to the Customer;

3. On July 3, 2013, the Company embezzled KRW 7,50,00,000,000, which should be remitted to the Customer, for the said Company’s business purpose, by consuming personal debt repayment to the said Company, and by using the said Company’s personal purpose for a total of three times.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Of concurrent offenders, a sentence of imprisonment with prison labor shall be imposed considering the following: (a) the embezzlement of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has reached KRW 28 million; and (b) the injury of the victim has not been recovered properly:

The punishment shall be determined in consideration of the sentencing conditions prescribed by Article 51 of the Criminal Act, which are shown in the records, such as the circumstances mentioned above, and the fact that the defendant seems to have led to the confession of the crime and the mistake thereof, and that the defendant has no criminal record exceeding the same kind and fine, and that the defendant has applied for individual rehabilitation and has received the decision of commencement. The punishment shall be determined in consideration of the circumstances after the crime, the motive and circumstances leading to the crime of this case, the age and circumstances leading to the crime of this case, the defendant's age

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