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(영문) 서울남부지방법원 2020.09.03 2019고단6273
업무상횡령
Text

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

From October 12, 2009 to March 10, 2018, the Defendant, as an accounting officer of the victim C Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government, was in charge of the business of collecting transportation fees, paying employee wages, etc. from the customer.

On January 1, 2013, the Defendant, at the office of the above victim company, transferred the transportation charge, etc. from the customer of the victim company to the bank account (Account Number: E) in the name of the defendant's father, and embezzled KRW 1.8 million for personal use from Seoul Won to the bank account (Account Number:F) in the name of the defendant's father at around December 1, 2013, using the defendant's credit card payment for the personal purpose, etc. at around that time, from around December 31, 2014 as shown in the separate crime list, from around 220 times to December 31, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes on the deposit transaction record (total deposit and withdrawal), certificate of deposit transaction record (payment), details of the company's operating funds, pro-child and pro-child relationship deposit details;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act selecting a penalty;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the commission of the crime; and (d) the conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, are to be taken into

Unfavorable circumstances: The circumstances that are favorable to the embezzlement of large amounts of money exceeding KRW 71 million over a long-term period of time using the victim's care: there is no criminal record, and the situation that is economically difficult is positive.

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