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서울중앙지방법원 2013.08.13 2012고단7191
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 was the employee of D, who actually operates the victim due to the victim C's private village with the victim C, in charge of the management of daily occupation, the management of equipment and the management of the company fund.

From December 2009, the Defendant deposited and managed D funds in a new bank account (Account Number E) under the name of the Defendant.

While the Defendant managed D’s company funds as an employee of the victim, around January 13, 2010, the Defendant embezzled KRW 402,200 from the aforementioned new bank account in the name of the Defendant who managed the company funds for the victim in cash, and used KRW 402,200 as living expenses in the city of the city in the city of the city, and used it as indicated in the attached list of crimes, as shown in the attached list of crimes, from around 56 to May 10, 2010, all of the 56 times from around 201 to around 10.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing liquidity transactions;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] 100 million won [Determination of the recommended field] Basic Field [Scope of Recommendation] ] April to April 1 year and 4 [Extent of Punishment] - In cases where the applicable provisions apply mutatis mutandis to the crime of embezzlement of aggravated factors - [Scope of Punishment] statutory punishment under Article 356 of the Criminal Act: 1 to 10 years : (10) of the Criminal Act - In cases where the main reasons for suspension of execution - the main reasons for suspension of execution - the main reasons for suspension of execution - where the positive damages are considerably small: In cases where the positive damages are considerably small: there is no effort to recover from damage caused by repeated crimes - The reason for suspension of repeated crimes: A positive reflect [Determination of Punishment] that the defendant has repeatedly embezzled the crime, and because damage has not been recovered, the nature of the crime is not somewhat weak.

However, the defendant is seriously against the defendant, and according to the sentencing guidelines, substantial damage is caused.

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