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(영문) 부산지방법원 2015.02.06 2014고단9936
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 20, 2013 to May 7, 2014, the Defendant has been engaged in accounting affairs, such as management of public funds of the said company from April 20, 2013 to May 2, 2014.

On June 12, 2013, the Defendant spent 584,280 won for personal purposes, such as the settlement of the credit card price, which the Defendant had to pay to the business partner by the said company for the said company.

From around that time to March 31, 2014, the Defendant consumed a total of KRW 119,270,570 in total over 86 times, as shown in the attached list of crimes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the suspect interrogation protocol of the defendant (including D substitute part)

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists no record of punishment for the same offense or imprisonment with prison labor, the confession of the crime and the reflective fact, and the fact that the damage suffered by the defendant has been repaid the amount of KRW 100 million and most damage has been recovered);

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