(영문) 창원지방법원 진주지원 2015.09.15 2015고단672

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(영문) 창원지방법원 진주지원 2015.09.15 2015고단672

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is a person who has been in charge of accounting duties with the victim C Co., Ltd from June 1, 2010 to January 2012, and managed the company's funds.

On September 26, 201, the Defendant embezzled KRW 4,00,00,00, which was deposited in the Agricultural Cooperative E account in the name of the Defendant for the victim in the course of business by Internet banking, using the total amount of KRW 108,482,188 over 24 times as shown in the attached crime list, as in the attached list of crimes, for personal purposes while working for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A daily balance sheet, a copy of a bankbook of agricultural cooperative, a copy of a bankbook of Gyeongnam Bank, a copy of a bankbook of management of corporate emergency funds, and a statement of transactions with personal account of a suspect;

1. Application of the Acts and subordinate statutes to the complaint;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the category 2 (10 million won to less than 50 million won) is mitigated (6-2 years), the area of mitigation (6-2 years), the area of punishment not to be mitigated, or a significant damage has

2. In light of the fact that the Defendant embezzled KRW 108,482,188, which was while on duty for the victimized company, and that the case is not minor, the Defendant’s liability for the crime is not minor.

However, in full view of the following circumstances: (a) the Defendant’s perception of the instant crime is against the Defendant; (b) the damage caused by the instant crime appears to have been considerably recovered; (c) the primary offender who has no record of crime; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) other circumstances constituting the conditions of sentencing as shown in the argument of the instant case, such as the circumstances after

참조조문

-형법 제62조 제1항

-형법 제355조 제1항

-형법 제356조

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