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(영문) 서울남부지방법원 2014.08.27 2013고단4739
업무상횡령
Text

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

Reasons

Punishment of the crime

On September 21, 2007, the Defendant was sentenced to one year and six months of imprisonment for occupational embezzlement in Seoul Southern District Court on September 21, 2007, and was pardoned on August 14, 2008 during the execution of the sentence in Seoul Southern District Court.

(F) On October 23, 2008, the Defendant served in the F (State) operated by the victim E in Gangnam-gu Seoul, Gangnam-gu, Seoul, and was in charge of the fund management of the said corporation and the fund management of G that is operated by the victim.

1. On April 29, 201, the Defendant withdrawn KRW 50,000,00, which was deposited in the bank account (H) in the name of the said F (State) that was kept in business for the victim at the branch of the branch of the branch of the branch of the branch of the branch of Seongbuk-si, Sungnam-si, and then embezzled by consuming it for personal purposes, such as payment of the balance of purchase of housing at that time.

2. On June 10, 201, the Defendant withdrawn USD 20,000 deposited in the said G bank account (I) in the name of the said G, which was kept on behalf of the victim, at a Korean bank located in Samsung X-dong, Gangnam-gu, Seoul, and embezzled it by consuming it for personal purposes, such as the payment of investment and the repayment of debts, etc., around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. Each complaint;

1. Account details;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes for investigation reports (Evidence No. 25);

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [type of crime] : Type 3 (in the case of concurrent crimes of less than KRW 100,00,00, on the basis of the sum of the amount of profit for embezzlement ; the type is determined on the basis of the amount calculated by adding the amount of profit for the same concurrent crimes of embezzlement ; special aggravation ] the same repeated crime of the same kind / [the scope of the recommended punishment] 10 to

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