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(영문) 서울북부지방법원 2013.10.11 2013고단1546
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 1, 2007 to January 31, 2013, the Defendant has been engaged in accounting duties as an employee of the "D" agency operated by the victim C in the first floor of Seoul Special Metropolitan City, Nowon-gu, Seoul.

Around October 1, 2008, the Defendant supplied the above agency’s cJ foods to “F” among the customers, and collected 90,000,000 won paid in cash, such as two parts of bean, bean, bean, bus, and implied ham, etc., and received the payment from the Defendant in cash, and had the Defendant spent the Defendant’s daily living expenses, etc. around that time, until December 15, 2012, the Defendant arbitrarily consumed the Defendant’s total amount of KRW 196,896,455 by the above means, as shown in the annexed List of Crimes, from that time until December 15, 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the statement toC);

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes to a copy of a statement of transactions and a copy of a comprehensive statement of transactions;

1. Articles 356 and 355 (1) of the Criminal Act by comprehensively treating the corresponding Articles of the Criminal Act and the selection of punishment for the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (a person who reflects his/her agreement, confession, etc., or commits a second offense);

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