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(영문) 의정부지방법원 2016.11.15 2015고단1407
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

except that 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

During the period from January 2, 2007 to April 15, 2014, the Defendant has been engaged in the business of operating and managing the funds of the said store as a member in charge of the F Cosmetics Door-to-Door Accounting General operated by the victim E with the 7th floor of the D-si Building at Council-si.

On April 15, 2010, the Defendant transferred KRW 340,000 from the above account to the Defendant’s agricultural bank account in the name of the victim E (G), which is the income and operating fund of the above business store, to the Defendant’s agricultural bank account in the course of business keeping for the victim, and used it for personal purposes, such as living expenses, around that time.

In addition, from around that time to July 25, 2012, the Defendant transferred a total of KRW 51,384,805 by the same method over 49 times, as shown in the attached list of crimes, to the Defendant’s account, and used it for personal purposes as above.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. The defendant's legal statement (the 13th court date);

1. Statement of each police statement of E;

1. Copies of cash receipts and disbursements;

1. A criminal investigation report (related to submission of evidence);

1. A criminal investigation report (Submission of Materials by a complainant), and a criminal investigation report (to be accompanied by materials submitted by a complainant);

1. A list of transactions of ordinary deposits (CF) and a list of transactions of ordinary deposits (CFHE);

1. Application of Acts and subordinate statutes to written confirmations of electronic financial transfer;

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

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] Article 62(1) of the Criminal Act is mitigated (one to ten months) [the person who has been specially mitigated] (the decision of sentencing], and substantial damage is recovered [the decision of sentence] unfavorable circumstances: A normal circumstance in which the defendant embezzled the amount equivalent to 51,384,805 won in total while working as an employee at the victim's business store, and whose crime is not good in light of the method of crime or the scale of damage, etc. is favorable: A confession and reflects the instant crime;

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