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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단2665
업무상횡령
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from July 1, 2015 to September 25, 2015, worked as the head of the strategic business team in the Sungdong-gu B and fourth-story, Sungdong-gu, Seoul, and was engaged in the sale and collection of red ginseng products of the said company.

On July 9, 2015, the Defendant embezzled KRW 12,915,990 in total for 64 times, as indicated in the attached Table of Crimes, from around July 22, 2015, when selling D, which is the product of the victimized company, to customers in cash and receiving sales proceeds in cash. At that time, the Defendant embezzled KRW 12,915,990 for personal purposes, such as personal debt repayment and living expenses.

Accordingly, the Defendant embezzled the property owned by the victimized company for business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E;

1. A certificate of borrowing, confirmation, and details of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written confirmation that alters the amount of damage);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act does not constitute a crime of embezzlement on the grounds of a typical embezzlement of sentencing, but did not have to recover damage.

Taking into account the absence of any particular criminal record

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