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(영문) 광주지방법원 2014.07.23 2014고단1443
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 11, 2004 to November 16, 2013, the Defendant served as a business employee at the victim C Co., Ltd. located in Gwangju Seo-gu, Gwangju as a business employee, and was engaged in the business of delivering the private goods such as water storage, etc. to the business partner and collecting the price.

On March 30, 2013, the Defendant: (a) collected the amount of KRW 6,560,000 from the F operating “E” located in Jeon Chang-gun, Jeon Chang-gun, a business partner of the victim company; and (b) embezzled the amount of credit card payment for personal purposes, such as credit card payment, at his own discretion, from the Y-si, Gwangju High Court, which was kept for the victim company.

From that time until November 16, 2013, the Defendant embezzled total of KRW 67,504,000 for the victim company by the same method as the list of crimes in the attached Table 37 times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of each customer fact confirmation statute

1. As a whole Articles 356 and 355(1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Embezzlement 1 (100 million won) basic area (the decision of sentence) (4-1-1-4 months) (the decision of sentence) / substantial damage recovery was not made, but only part of the actual damage recovery was not made. However, the defendant reflects the crime of this case, actively endeavored for the recovery of damage, and the defendant has no record of punishment due to property crime. It is so decided as per Disposition in consideration of the fact that the defendant has

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