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(영문) 대전지방법원 천안지원 2013.11.14 2013고단39
업무상횡령
Text

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

However, 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

The defendant is a person who is working as a staff member of (E) E in the jurisdiction of the victim (State) D in the Dong-gu, Nam-gu, Seoul and received the receiving fees from cable broadcasting subscribers in advance and deposited them into the virtual account managed by the victim company.

Around March 3, 2006, the Defendant received KRW 867,940,00 from G, the studio owner in the Fstudio-gun, Chungcheongnam-gun, to transfer to a post office deposit passbook under the name of the Defendant and stored for the victim company. On May 30, 2006, the Defendant deposited only KRW 7,247,940 among them into the victim company and embezzled the remainder of KRW 1,621,260 for personal use around that time.

In addition, from around that time to April 20, 201, the Defendant received total of KRW 155,003,470 in total over 55 times, as shown in the attached list of crimes, and deposited only KRW 104,408,631 among them, and used the remainder for personal purposes and embezzled KRW 50,594,839 in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (not including reflectivity, no record of punishment for a fine on two occasions, circumstances of crimes, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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