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(영문) 전주지방법원 군산지원 2018.08.17 2018고단399
업무상횡령
Text

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

Reasons

Punishment of the crime

The defendant has been working as the head of the operation office of the victim limited company E with limited liability, who is engaged in the business of wedding hall and the business of paying the benefits in Gunsan City D.

When there was a shortage of monthly salary received from the victim company, the defendant paid the difference in excess of the amount to be actually paid to the customer, and received it directly from the customer to the account in the name of the defendant, or received it from the customer and transferred the transaction amount which entered into the victim company's account to the defendant's account to the defendant's account.

On January 15, 2014, the Defendant paid more than 815,000 won to F, the representative of the business partner of the victim company, in excess of the actual purchase price, and embezzled the difference for personal purposes while he/she was in the custody of the victim company for his/her business, and embezzled the difference between the transaction price paid by the business partner over 43 times in total from March 15, 2017, as shown in the separate crime list, or embezzled 33,597,560 won in total by transferring the amount deposited into the account of the victim company to the account under the name of the defendant, as shown in the separate crime list, from March 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of punishment [the scope of recommendation] [the grounds for sentencing of sentence] No person (person subject to special sentencing from April to January 4) in the basic area (the scope of punishment is less than 100 million won] (the decision of sentencing] recognized a crime and reflects the fact that there is no person who has committed a crime. The fact that the wages that the defendant did not receive from the victim company are up to 14 million won (the defendant is the victim company's unpaid wage claim).

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