(영문) 부산지방법원 2016.10.12 2015고단3170

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.10.12 2015고단3170

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From May 10, 2013 to June 30, 2014, the Defendant was engaged in accounting affairs such as fund management at “E” for the purpose of food materials distribution business operated by the victim D located in the financial district of Busan Geum-gu from May 10, 2013.

On December 18, 2013, the Defendant arbitrarily transferred KRW 1,324,00 to the post office account in the name of F in the name of the victim and the above E while managing the accounts in the above E office. On the same day, the Defendant arbitrarily embezzled KRW 1,324,00 for personal use in Busan District.

In addition, the Defendant embezzled total of KRW 75,031,740 over 63 times, such as the list of crimes in the attached Table, from around that time to June 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, G and H;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act on the grounds of sentencing for the crime of this case are as follows: (a) the crime of this case where: (b) the Defendant has embezzled the total amount of operating funds in the course of performing accounting duties such as fund management at the company operated by the victim while engaging in the business of fund management at the company operated by the victim; and (c) the nature of the crime is not easy.

However, the sentence identical to the order shall be determined by comprehensively taking into account the following factors: the defendant's sex is against himself, there is no criminal record of the same kind and the suspension of execution, the fact that he has recovered more than 10 million won out of the amount of damage, the social ties are clear, the defendant's age, occupation, character and conduct, family relationship, motive and circumstance of the crime, etc., and the conditions of the sentencing

참조조문

-형법 제355조 제1항

-형법 제356조

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