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(영문) 수원지방법원 2015.06.03 2015고단157
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, from October 2009 to September 19, 201, was in charge of accounting such as payment, as the chief of the general secretary of D (E) (the “E (E)”) who is the victim of the sexual intercourse C from October 2009 to September 20, 201.

Around January 26, 2010, the Defendant stated the gas price to be paid to the Defendant’s office of the said victim’s company as KRW 3,465,211, which is the transaction partner, as KRW 4,403,917 in the transaction statement under the name of the Defendant, and then remitted KRW 4,403,917 from the agricultural bank account (F) in the name of the victim’s company kept by the Defendant to the new bank account (G) under the name of the Defendant for gas price, and then remitted KRW 3,465,211 out of that amount to KRW 3,468,706 to the Defendant’s office of the said victim’s company, and then consumed the difference in KRW 938,706 for personal use, such as living cost, etc., around that time.

In addition, from January 7, 2010 to August 31, 2011, the Defendant embezzled total of KRW 145,937,077 in the same way as indicated in the list of crimes in the attached Form of crimes through the same way 78 times at the bar, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by H at each prosecutor's office;

1. Statement of the police statement related H;

1. Detailed statement of transactions in the charging station (data of the filling station, DNA data);

1. Application of Acts and subordinate statutes to suspect account statements and corporate passbook transactions statement;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of probation and community service order [the range of recommending punishment] Article 62-2(1) of the Act on Probation and Community Service [the scope of recommending punishment] Article 62-2(2) of the same Act that there is no basic area (1 to 50 million won) (1 to 3 years) [the decision of sentencing] (1 to 1 year] imprisonment with prison labor, and 2 years suspended sentence, and 1 year and 8 months after the victim company's trust and trust and trust of the defendant, and the crime is bad.

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