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(영문) 서울중앙지방법원 2014.08.14 2014고단703
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From February 2, 2009, the defendant has been working as the Seoul Seocho-gu Seoul apartment sales office for the victim B corporation, and has been in charge of all affairs concerning the sale, such as receiving the sales price from the buyer of the apartment and managing it in the course of business.

On January 31, 2012, the Defendant received payment of the down payment of KRW 190 million from the number of buyers, 701,000,000,000 from the above apartment, at the Seocho-gu Seoul Metropolitan Government apartment sales office, and embezzled the said money by arbitrarily consuming it by the Defendant’s parents’ debt repayment, living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint (including attached data);

1. Application of Acts and subordinate statutes on account transactions;

1. The relevant legal provisions on criminal facts and the reasons for sentencing of Article 356 and Article 355(1) of the Criminal Act [the scope of recommending punishment] [the scope of punishment] 2 types (one to five hundred million won) [1 to three years] [the decision of sentencing] / there is no basic area (one to one year] [the person who is a special person] / [the decision of sentencing] / The defendant used the money in his/her custody for his/her own interest while working as a sales office of the victim company as a sales office of the victim company. The amount of the embezzlement was 190 million won, and the total amount of the embezzlement was 190 million won and the damage exceeding KRW 100 million was not recovered until the date two years and six months have passed since the date of the crime in this case, the

However, in determining the term of punishment, considering all the circumstances such as the circumstances in which the defendant committed the crime of this case was committed, the defendant's best efforts to recover damage, the defendant's damage was recovered, the defendant has no criminal record, and the defendant's family relationship, the scope of the recommended punishment shall be set down in the same manner as the disposition is to escape from the scope of the recommended punishment.

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