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(영문) 춘천지방법원 원주지원 2013.12.11 2013고단518
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From May 2008 to December 30, 2012, the Defendant was an employee in charge of accounting management of D Co., Ltd, a victim of D Co., Ltd, who was the victim of D Co., Ltd from the original city to December 30, 2012.

From January 1, 2010 to December 31, 2010, the Defendant embezzled total of KRW 2,910,378 by withdrawing total of KRW 70,017,816 as indicated in the attached Table of Crimes, as in the list of crimes, and using them for personal purposes, such as living expenses, while keeping funds from a national bank account in the name of the Defendant from January 1, 201 to December 31, 201.

In addition, from January 3, 201 to December 31, 2012, the Defendant embezzled KRW 23,419,404, a sum of KRW 142,797,380, as shown in the separate crime list, and used it for personal purposes, and embezzled KRW 119,37,976, a sum of the Defendant’s personal money by paying and inserting it into the Defendant’s personal money.

Accordingly, the Defendant embezzled total of KRW 26,329,782 on business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (report on correction of the amount of embezzlement);

1. Application of statutes, such as normal details of transactions, details of passbook transactions, certificates of embezzlement in 2010, and details of passbook transactions;

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 (including the choice of imprisonment and comprehensive imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1)

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