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(영문) 서울동부지방법원 2014.06.26 2014고단1175
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 13, 201 to January 17, 2014, the Defendant is the director of Gangdong-gu Seoul Building B and the victim C Co., Ltd. with the second floor No. 215, and has been engaged in alcoholic beverage delivery and collection business against the Gangnam and the transacting parties in the Songpa area.

On November 5, 2013, the Defendant collected KRW 1 million from a public restaurant E located in Songpa-gu Seoul Metropolitan Government, and used KRW 1 million for personal purposes, such as entertainment expenses, at around that time, from a day in Seoul Metropolitan City.

In addition, from around that time to December 31, 2013, the Defendant arbitrarily used 26,518,330 won in total over 16 times as shown in the annexed crime list by the same method as above.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the 16th statutes to the C Customer Director

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

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

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] Embezzlement Embezzlement (decision of less than KRW 100 million] Basic field of the crime of embezzlement (decision of the recommended field] [the scope of the sentence of recommendation] 4 months to 1 year and four months;

2. Determination of sentence shall be made in the same manner as the order, taking into comprehensive account all the circumstances shown in the arguments, such as the defendant's confession, the amount of damage, the amount of damage, the amount agreed upon with the victim, the fact that there is no record of punishment for the same kind of crime, and the age, character, conduct, occupation, intelligence and environment of the defendant, motive and background of the crime, means and method of the crime, circumstances after the crime, etc.

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