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(영문) 서울북부지방법원 2014.04.17 2013고단2880
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant was affiliated with the victim C’s team working at a entertainment establishment from around 2005 to September 2012 and became the head of an individual department. On the same day, the Defendant was engaged in the duties such as making a report to the victim, making a deposit of 50% of the sales amount to the entertainment establishment, distributing the profits from the team, etc.

The Defendant, from June 2008 to April 2009, worked as the head of the individual department belonging to the victim’s team at the entertainment business place in Gangnam-gu Seoul, Seoul as the “E”, and embezzled the sales amount of KRW 72 million in total by arbitrarily using it for an individual’s personal purpose.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. A protocol concerning the examination of the accused by the prosecution (including the replacement part ofC);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing promissory notes;

1. The reasons for sentencing under Articles 356 and 355(1) of the Criminal Code of the relevant criminal facts are as follows: (a) the Defendant: (b) was a person who manages the profits received from the clients employed by the victim at an entertainment establishment under the team manager in a trade name; (c) committed the instant crime of which money to be distributed to the said establishment among cash sales, by manipulating and recording as if he/she did so with an injury only; (d) the Defendant committed the instant crime of which money to be distributed to the said establishment was embezzled and embezzled by personal use; (b) even though such method of crime is not much intelligent and damaged (72 million won), the Defendant did not pay long-term damage; and (c) the Defendant’s age, character and conduct, and environment (family relationship) as indicated in the instant case, taking into account various sentencing conditions under Article 50

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