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(영문) 서울남부지방법원 2013.03.20 2013고단154
업무상횡령
Text

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

Reasons

Punishment of the crime

The defendant is the vice-president of the victim corporation B from the early April 201 to the lower police officer from August 2012, 201, who is in charge of the sale of fishery products and the collection of fishery products.

On July 7, 2011, the Defendant: (a) collected 1950,000 won from the price of frozen fishery products sold to Sweak Co., Ltd. at the Seocho-si Office, and consumed them for personal purposes around that time.

In addition, the Defendant embezzled money and valuables worth KRW 126,453,977 in total owned by the said B by means of voluntarily consuming the amount of money collected from fishery products to customers, such as those listed in the crime sight table, or by arbitrarily disposing of the frozen fishery products stored in a warehouse, from around that time to early August 2012, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the details of embezzlement;

1. The reason for sentencing under Articles 356 and 355(1) of the relevant Act on the Punishment of Criminal Crimes [the decision of type] 10 million won or more but less than 100 million won or less [the scope of recommending punishment] 1 year or 3 years [the amount of mitigated punishment] - year or 3 years [the amount of mitigated punishment] - there is no strong reflectness or criminal punishment - where the crime of embezzlement is committed [the judgment of both punishment] [the defendant] has embezzled 126 million won or more, which is collected from the transaction partner between one year and one year, working in the victim company, and has not been making any effort to recover damage.

On the other hand, the defendant shall be sentenced to the same punishment as the disposition by comprehensively taking into account the fact that he has no previous conviction.

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