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(영문) 제주지방법원 2016.04.20 2016고단90
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 1, 2014 to September 1, 2015, the Defendant served as the head of office from the E tourr in the operation of the victim C in Jeju City, and kept a new bank passbook in the name of the victim and managed the expenses for the operation of the company.

On June 17, 2014, the Defendant embezzled KRW 22,60,012 in total over 148 times, as shown in the list of crimes in the attached Table, from around August 29, 2015, from the time when he/she transferred KRW 200,000 to the Saemaul account in the use of the Defendant and arbitrarily used it as a living expense, while he/she kept expenses for the operation of the company in the said new bank account in his/her business for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C's complaint letter, power of attorney, business registration certificate, police's statement statement to F, data on nominal transfer of advertising expenses, data on embezzlement of nominal difference in airline tickets, loan certificate, and repayment agreement;

1. Application of Acts and subordinate statutes to investigation reports (in relation to additional data submitted by a victim), detailed statement of transactions, investigation reports (specific of the amount of embezzlement), inquiry of transaction details, investigation reports (in relation to the amount of embezzlement paid in lieu of airline tickets, additional data confirmed in relation to the amount of embezzlement);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 356 and 355 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Dismissal of an application for compensation: It shall be decided as per the disposition on the grounds of not less than 3 of Article 32 (1) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings;

The reason for sentencing (within the scope of the sentencing guidelines) type 1 of embezzlement and breach of trust crime; the basic area: April -1: the ordinary circumstances favorable to April 201: the court is not obliged to punish ( April 19, 2016): A person who has been convicted of suspended execution for the same kind of crime (two years of suspended execution on April 30, 2010).

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