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(영문) 서울북부지방법원 2016.07.22 2015고단4350
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who served as a director at the victim (a week)C from December 21, 2012 to December 31, 2014, and was engaged in fund execution and management, such as keeping the passbook of the said company, etc.

The Defendant: (a) transferred KRW 30 million from a passbook in the victim’s name, which was kept on December 18, 2012, to the Defendant, using no internal control device for the execution of funds, and arbitrarily used it for personal purposes, such as living expenses, around that time; (b) voluntarily withdrawn KRW 164,858,869 total sum of KRW 129 times from around that time to April 22, 2014, and embezzled it for personal purposes, such as the payment of living expenses and interest, as shown in the list of crimes in attached Form 129.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D statements concerning the suspect interrogation protocol of the police second time against the defendant

1. Application of Acts and subordinate statutes on police statements made to D;

1. The grounds for sentencing under Article 356 and Article 355(1) of the Criminal Act, inclusive of the pertinent legal provisions and the choice of punishment for the crime [the scope of the recommended punishment] [no person who has a special sentencing seal] (one year to three years] in the basic area (one year to five hundred million won) of the type 2 of the Criminal Act [the scope of the recommended punishment] [the decision of sentencing] [the defendant is the first offender, the defendant reflects the mistake, and the repayment of 81,970,000 won out of the amount of the embezzled, etc., the punishment shall be imposed more minor than the lower limit of the recommended punishment, and the sentence shall be determined as set forth in the Disposition above.

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