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(영문) 서울동부지방법원 2016.07.07 2015고단3214
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From the beginning of November 2013, the Defendant has been engaged in mobile phone management and sales services while working as an employee at the victim D Co., Ltd. in Gangdong-gu Seoul Metropolitan Government.

On January 8, 2014, the Defendant kept a gallon 3 (SM-N90K) cell phone on behalf of the victim company at the gallon city of an amount equivalent to KRW 1,067,00,000, the market price of which is the victim’s possession in the above D, and borrowed the amount of the above mobile phone as security on January 8, 2014 to F located in Songpa-gu Seoul.

In addition, from around that time to February 13, 2014, the Defendant embezzled the amount of money equivalent to KRW 32,66,700 of the market price of the victim company, which was kept in custody for the victim company by the above method 34 times in total, as shown in the list of crimes in the attached Table, and embezzled the amount of money borrowed from the victim company’s market price which was kept in custody for business purposes.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes on commodities held by the F;

1. Relevant legal provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing of sentence of imprisonment;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment for a period from April to April 1 (less than 100 million won) basic area (from April to April 1) - No person who has no special sentencing factor:

2. The Defendant, who was sentenced to sentence, embezzled the amount equivalent to KRW 32,66,70 of the victim’s goods, and did not completely recover the damage.

In the previous years, there is a lot of history of punishment of fines due to the occupational embezzlement, etc. in addition to the fact that there is a lot of history of punishment due to the crime of double-class crimes.

Although it could sufficiently anticipate the progress of the trial due to the instant crime, contact is avoided and the court does not appear in the court.

In addition, the trial process of this case, such as the defendant's age, sexual conduct, and circumstances before and after the crime.

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