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(영문) 의정부지방법원 2014.04.18 2013고단3024
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

From January 2007 to July 31, 2012, the Defendant is a person who has been in charge of the delivery and collection of goods to the business partner while working as the business director in the victim D Company (representative E) located in the city of Speaker C from January 2007 to July 31, 2012.

From October 209 to June 2012, the Defendant embezzled KRW 606,40,00 of the amount of goods supplied to “Frant” located in the city where he was the customer of the victim and embezzled by arbitrarily using the amount of living expenses, etc. during the course of his business keeping the amount of 6,400 won, and used KRW 14,673,373, and 22 times as indicated in the attached list of crimes.

Summary of Evidence

1. Statement of a defendant in the second protocol of trial;

1. The prosecutor's office and the police statement concerning G;

1. Application of Acts and subordinate statutes to the details of recognition of complaint, suspect's writing;

1. The prosecutor, including the pertinent Article of the Act on the Crime and the choice of punishment, prosecuted each act on the list of crimes in the annexed list of crimes as concurrent crimes; however, the damage legal interests are a single and continuous crime committed by the trigger of a single or continuous crime; therefore, each act on the list of crimes shall be comprehensively considered to be one crime;

Articles 356 and 355 (1) of the Criminal Act (Options of Imprisonment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the sentencing grounds):

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Embezzlement Violation of Trust and Embezzlement / [Determination of the recommended area] Basic Field / [Determination of the recommended area] / [Scope of the recommended punishment] 4 to 1 year and 4 months [general appearance] - Where the purpose of basic living and treatment expenses, etc. for mitigation elements / Major reasons for major participation / negative agreement - Where the positive loss is considerably small: In a case where the positive loss is considerably small: Reasons for general participation - A person who has negative criminal records of the same kind or has been sentenced to suspended sentence more than twice, and has a positive purpose such as cost of basic livelihood and treatment.

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