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(영문) 서울동부지방법원 2014.09.24 2014고단1133
업무상횡령
Text

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

Reasons

Punishment of the crime

From February 23, 2012 to April 2013, the Defendant, as a business member of the Victim Company’s “ well-dying”, was in charge of selling goods, such as household goods, and collecting the price of goods.

On May 6, 2012, the Defendant received 50,000 won from the above insurance company, which was located in Seocho-gu Seoul Metropolitan Government, for the victim company, from the insurance company that was located in Seocho-gu on April 6, 2012.

However, at around that time, the Defendant voluntarily consumed the above money as living expenses, etc.

In addition, from that time to May 2013, the Defendant embezzled total of 69,810,400 won received from a seller of goods through 182 times as shown in the attached list of crimes. around that time, the Defendant embezzled it by voluntarily consuming it as living expenses, etc. at the Seoul branch.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Each E statement;

1. Employment contract;

1. Application of investigation reports (Attachment to the head of purchase and sales office, etc. by customer office), investigation reports (Attachment to the table of details of monthly transactions by customer office), details of account transactions (A and F) and Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment, the reasons for sentencing of imprisonment [decision of type] Embezzlement type 1 (less than KRW 100 million) [decision of the recommended field] basic field / [Scope of recommendation] 4 months to 1 year and 4 months [decision of sentence] defendant is against the defendant, and the primary crime are favorable circumstances.

However, in light of the law, contents, etc. of the crime, the amount of embezzlement is not good, the amount of embezzlement has not been recovered, the damage has not been agreed with the victim, and other circumstances such as the defendant's age, environment, details of the crime, and circumstances after the crime are determined as ordered.

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