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(영문) 서울중앙지방법원 2015.02.13 2014고단9982
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

From October 2013, the defendant has been engaged in the cash transport and supplementary work of the victim's bank branch office, a cash transport company, as an on-site employee of the victim's bank branch office.

On May 1, 2014, the Defendant: (a) deducted 400,000 won, while working on the part of the victim for the personal purpose, such as entertainment expenses, from the Eves store located in Pyeongtaek-si; and (b) consumed 400,000 won, while working on the part of the victim.

In addition, the Defendant, from May 1, 2014 to Police Officers, embezzled totaling KRW 19,830,000 on 14 occasions, as indicated in the annexed crime list, by taking a deduction of total of KRW 19,830,00,00, as indicated in the annexed crime list, according to the spirit of personal use, such as entertainment expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The second prosecutor's protocol of examination of the accused partially;

1. The police statement of F, G, and H;

1. The list of deficient stores;

1. Reports on internal investigation (Evidence records 24 pages);

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 73, 75, 79, 89, 92, 117);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the occupation 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 [Scope of Recommendation] No person who has no basic area (4-100 million won) (4-100 million won) [decision of sentence] (decision of sentence] is against the defendant; the degree of damage of this case; the defendant paid out some amount of damage of this case; the defendant deposited money; and the defendant has no criminal history. It is so decided as per Disposition for the above reasons.

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