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(영문) 서울중앙지방법원 2014.01.07 2013고단4293
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 26, 2011 to December 31, 2012, the Defendant is a person who has been in charge of business and gold business in C.

On June 18, 2012, the Defendant embezzled the amount of pharmaceutical products or medicine equivalent to KRW 20,901,50,500, totaling 21 times from around 21 to December 20 of the same year, as shown in the annexed crime list, in C, a corporation of Jung-gu, Seoul, for the supply to E Hospital, and the total sum of KRW 1,650,000, which is to be supplied to E Hospital, without being supplied to E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] Embezzlement 100 million won [Special Convicts] - Where mitigation elements are not punishable, or significant damage is recovered [decision of the recommended area] [the scope of punishment] 1 to 10 months [the scope of recommendation] ] where the applicable provisions apply in the case of embezzlement of aggravated elements [the scope of punishment] ] statutory punishment under Article 356 of the Criminal Act : January to 10 years / [10 years of suspended sentence] - Where the main reason for major participation is considerably small in the case where significant damage is recovered: negative agreement - Where negative participation reasons - Where substantial damage is considerably small in the case of substantial damage recovery - the general participation reasons - there are no criminal records above positive suspension of execution (decision of sentence] / The defendant has been engaged repeatedly in embezzlement through 21 times and did not agree with the victim, so the nature and circumstances of such crime and the crime are not easy.

However, 12,449,600 won was paid from the identity guarantee insurance, and the defendant paid 2 million won to recover significant damage, and as a result, the amount of actual damage is considerably small, and the defendant has no criminal record of suspended execution or more.

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