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(영문) 인천지방법원 부천지원 2012.12.26 2012고단1905
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. From October 22, 2012 to October 24, 2012, the Defendant has been engaged in the management and collection of publicly notified telecom as a general secretary of the publicly notified telecom operated by the victim D in Seocheon-gu, Seocheon-gu, Seocheon-si.

On October 24, 2012, the Defendant, while keeping 220,000 won of cash deposited on the day of October 24, 2012 for the victim, had it kept in custody for the victim and used it at his own discretion.

Accordingly, the defendant embezzled the victim's property.

2. Around October 31, 2012, the Defendant committed the crime has been engaged in the duties of management and collection of the Gosiwon as a public announcement officer of the victim G located in Mapo-gu Seoul Metropolitan Government F from October 29, 2012.

On October 31, 2012, the Defendant, while keeping 370,000 won in cash prior to 05:00, was in custody for the victim as a matter of duty, and had escaped and consumed at his own discretion.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

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. Scope of the recommended sentencing criteria;

(a) Type: Basic area (from April to January 4) among category 1 (less than 100 million won) of embezzlement and breach of trust crime group (not all of the factors to increase or reduce special punishment) (not all of the factors to increase or decrease punishment);

(b) Major reasons for the suspension of execution: negative - previous convictions of the same kind (not less than a suspension of execution or a fine not less than three times), positive - Where the scale of substantial damage is considerably small.

2. The defendant, who did not have a total of 570,000 won of the decision-making amount of the sentence, has a favorable condition to the defendant, or the defendant had a total of fests stated in the decision, left away immediately after the defendant had been employed as a general manager, and the defendant immediately escaped.

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