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(영문) 대구지방법원 2017.12.12 2017고단5785
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant, as a business director of the victim (state)C in the second floor in the Gyeongbuk-si, Gyeongbuk-si, the defendant has been engaged in the business of the above company and the management of entry and exit.

1. On May 12, 2015, the Defendant used 2,9320,000 won in total as the purchase price for the Defendant’s vehicle in the name of the Defendant, while the Defendant used the money transferred from the clients of the Victim Company to the (State) bank account of the (C) bank account of the Victim Company for the purpose of the Victim Company. Of that, the Defendant used 2,750,000 won as the national bank account in the name of D, and the transfer of 2,320,000 won to the corporate bank account in the name of E.

Accordingly, the defendant transferred the property of the victim who was under custody in the course of business.

2. On May 26, 2015, the Defendant used 200 million won in mind by remitting it to the Agricultural Cooperative Account under the name of the Defendant at the time of the Defendant’s office at around 13:15 on May 26, 2015.

Accordingly, the defendant embezzled the property of the victim while on duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Each complaint;

1. (E) and remittance details (D) of transaction details;

1. Investigation report (for a vehicle purchased by a suspect), - Application of the Acts and subordinate statutes on the comprehensive vehicle;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service work;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of the recommended punishment according to the sentencing guidelines [type of embezzlement] is more than KRW 100 million but less than KRW 500 million (type 2) [Special Sentencing Persons] mitigated elements: Non-exclusive penalty [the scope of the recommended and recommended punishment] mitigated range, six months to two years.

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