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(영문) 수원지방법원 안산지원 2018.03.14 2017고단3604
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is an employee of the “E” restaurant operated by the victim D in Si interesting City from October 20, 201 to August 27, 2011.

On March 3, 2011, the Defendant collected KRW 122,760 from the business bank account (F) bank account in the name of the Defendant from the business bank account in the name of the Defendant and stored for the victim. At around that time, the Defendant voluntarily consumed game items, entertainment expenses, etc. from the members of the Silung-si.

In addition, from that time until August 27, 2011, the Defendant embezzled total of KRW 46,025,980 on a total of 47 occasions, such as the list of crimes in the attached Table, using it as living expenses at will while being kept for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to verify transfer of Internet banking, such as details of each account, account books, copies of passbooks, inquiries about account details, deposit cards, confirmation cards, and electronic banking transfer;

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

1. The scope of recommendations on the grounds of sentencing guidelines in Articles 37, 38(1)2, and 50 of the Criminal Act that aggravated concurrent crimes: The sentencing guidelines in Articles 37, 38(1)2, and 50 of the same Act shall be set as the order, taking into account all the conditions of sentencing, including the defendant's age, sexual behavior, family relation, etc., in the normal relationship following the decision that there is no person who has the basic area (from April to January 14) (the period of less than 100 million won).

· Unfavorable circumstances: The extent of damage is heavy and completely not recovered, the long-term escape from the crime to the arrest immediately after the crime is committed, and circumstances favorable to him/her: The confession of the crime and the absence of previous conviction exceeding the fine.

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