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(영문) 인천지방법원 2017.08.17 2017고단3385
업무상횡령
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from September 2013 to April 2014, worked as a business member of the Victim D Co., Ltd., Ltd., a drug wholesaler in Pyeongtaek-si C, while engaging in the business of selling medicines and collecting money.

around September 13, 2013, the Defendant, at the Seoul Western Branch Office of Geumcheon-gu Seoul Metropolitan Government, entered false orders in the computer, as if the number of insurance accounts had been ordered by 6,161,428, and 0.5mg 30T 10,000 won of the victim company’s customers, at the office of the Seoul Western Branch Office of Geumcheon-gu, Geumcheon-gu, Seoul, the Defendant arbitrarily sold the drugs to 4,813,616 won in Macp, 864-1, 601, which had been kept for the victim company for the sake of the victim company, and sold them to 35 times in total, such as the list of crimes in attached Form 35 times from around that time to April 11, 2014, and arbitrarily sold them to 152,356,688 won in total, and 16880 won in total.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the police interrogation protocol;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a certificate of full registered matters, such as an explanatory note, an agreement, a statement of change, a statement of payment, a statement of embezzlement, a statement of transactions in each account, a written decision on payment order, a demand for the repayment of embezzlement, a demand for performance

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of the recommended sentence] Class 2 (10 million won or more to less than 500 million won) (6 months or more to 2 years), the mitigated area (a person subject to special mitigation] (a person subject to special mitigation], or a case where significant damage has been restored [decision of a sentence]

1. As to the Defendant, the Defendant will choose a sentence of imprisonment, taking into account the following unfavorable sentencing factors:

(a)the amount of damage 15.5.

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