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(영문) 서울중앙지방법원 2013.07.25 2013고단2543
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 2009 to December 2009, the Defendant served as a staff member of the Victim C Operation D (A) (Around December 2009, to take over it in the week) located in the fiveth floor of the Seoul Jung-gu Seoul metropolitan building. From December 2009 to November 30, 2012, the Defendant served as a business director of the Victim (A) located in the first floor of the Seoul Jung-gu Seoul Jung-gu Seoul Central Government Building, and has been engaged in the business of supplying safe sirens to the inside point of the Seoul metropolitan area and collecting the price thereof.

On January 31, 2009, the Defendant supplied sirens at G G G G G G G G G G G G G G G G G G G G G GW which is the business partner of the victim C and received KRW 1,210,00 from the price in cash and embezzled the above price for the victim. At that time, the Defendant embezzled it by using it for personal purposes, such as living expenses, etc., in Seoul G G LW, and embezzled it from around that time to November 28, 2012, as described in the attached crime list between the time of the crime list, and then the Defendant embezzledd KRW 10,804,667 in total by using it for personal purposes, such as living expenses, etc., in the form of a total of 84 times by receiving the money from the victim H, KE’s transaction account (Account number: I) or one bank account (Account Number:J).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning K and L;

1. Each statement of deposit transactions, a deposit sheet, etc. (Evidence List 7, 19);

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 5, 17, 21);

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

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the decision of type] is not less than 100 million won and less than 500 million won - one year [the scope of recommending punishment] - three years [the decision of sentencing] unfavorable circumstances: The crime of embezzlement by the defendant by consuming the money that the defendant has received while working as a member of each victim's business in the form of personal living expenses, etc. is not less and less than that of embezzlement.

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