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(영문) 의정부지방법원 2014.06.23 2014고단1117
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, from March 2, 2009 to July 2010, was engaged in the business of selling and collecting goods of the said company as a business member of the victim C in Geumcheon-gu Seoul Metropolitan Government.

On June 9, 2010, the Defendant collected KRW 400,000 from G in the F market located in Gyeonggi-si, Gyeonggi-si, and consumed the money for personal use, such as living expenses, in a place where it is difficult to know at that time, while carrying out business for the said company.

In addition, from around that time to July 2010, the Defendant embezzled total of KRW 24,306,40 by the same method 34 times in a place where it is impossible to know as indicated in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Documents confirming the amount of embezzlement;

1. Application of the Acts and subordinate statutes of each passbook, details of account transactions, certificate of transaction, and ledger of sales offices, and the head of each sales office;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, the point of occupational embezzlement and the choice of imprisonment);

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 Type 1 (100 million won) [Determination of the recommended area] Basic Field [Scope of Recommendation] ] from April to April 1 [In the case of embezzlement: Whether the principal reason for suspension of execution is a crime of embezzlement ] - There is no negative agreement - there is no effort to recover negative damage: there is no general participation reason - there is no criminal conviction above the serious half of the suspension of execution [decision of sentence] 6 months of imprisonment with prison labor, and 2 years of suspended execution, there is no criminal conviction above the serious half of the suspension of execution where there is a positive purpose of living and medical expenses, etc. : the defendant did not make any effort to change damage after embezzlement of the victim's money around 2010.

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