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(영문) 서울중앙지방법원 2018.05.15 2018고단1158
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From October 2009 to December 15, 2017, the Defendant served as a business employee of the victim Dozco, Ltd. in Seocho-gu Seoul, Seocho-gu, Seoul, and was engaged in the sale and collection of vehicles of the said damaged company.

Defendant, who is a vehicle dealer of the company, should deposit the price into the virtual account in the name of the victim company designated for each of the purchasing customers, notwithstanding the fact that Defendant’s customer was prevented from returning the price of the vehicle that he received from the customer of the company in order to cover the damage incurred in the course of the company’s heavy trading of the Defendant’s personal customer. On June 14, 2017, the victim company embezzled the vehicle price of KRW 50,000,000 received from D who purchased BMWX540 vehicles from the victim company in the above victim company C from the victim company around June 14, 2017, while the victim company embezzled the vehicle price of KRW 5,00,000 by returning it to the vehicle delivery of the other vehicle purchaser of the vehicle and making deposits without permission until August 24, 2017, as shown in the attached list of crimes, and embezzled the sum of KRW 15,080,740 over seven times as shown in the victim list.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Complaint;

1. Application of Acts and subordinate statutes on accounts of national banks;

1. Relevant statutory provisions for criminal facts, Articles 356 and 355(1) of the Criminal Act for the selection of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment] No (10 million won or more to 500 million won) in the basic area (1-3 years or more) [the person who is subject to special sentencing] [the person who is subject to special sentencing] [the sentence] unfavorable: the amount of damage exceeds KRW 100 million; the amount of damage was relatively more than KRW 100 million; the circumstances favorable to the fact that the damage was unable to be used from the injured was not recovered and the damage was not recovered; the fact that there was no criminal record for the same kind of crime; the defendant's age, sex, career, home environment; and all other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sex, motive and means of the crime;

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