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(영문) 수원지방법원 성남지원 2013.10.02 2012고단16
업무상횡령
Text

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

The Defendant, from May 26, 2007 to December 31, 2010, worked as a sales member at the headquarters of the headquarters of the Seoul Jung-gu Seoul Metropolitan Government Team sales, Inc., Ltd., the Defendant is a person who had been engaged in newspaper sales, distribution and collection with respect to 24 branch countries, including the Suwon Country.

On December 2, 2007, the Defendant claimed 21,479,650 won as the price for newspaper sale in 24 branch offices, including the Suwon Branch Office, which was managed by the Defendant, and deposited 20,740,150 won in the company, and embezzled 739,50 won, which was used for the business of the above company, while the Defendant was in custody for personal purposes.

In addition, from around that time to around September 2010, the Defendant corrected “20,825,650 won” to “20,740,150 won” of the head office set forth in the attached Table No. 1 of the List of Offenses (hereinafter referred to as “crime List”).

In the same way, the total amount of 106,132,810 won of the company funds collected over 34 times was consumed for personal purposes and embezzled for personal purposes.

Summary of Evidence

1. Each statement made by F, G, H, and I in the protocol of the second and sixth trial;

1. The prosecutor's interrogation protocol of the accused (including the F statement section);

1. The police statement concerning F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the details of complaint, request for a zone, details of difference, invoice, etc. and detailed statement of deposit transactions;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act: Selection of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there are extenuating circumstances for the defendant to commit the crime in this case, and that 30 million won has been deposited for the victim);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 32 (1) 3 and Article 25 (3) of the Act on Special Cases concerning the Improvement of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is unclear and it is inappropriate to issue an order for compensation);

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