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(영문) 인천지방법원 2013.06.18 2012고단1749
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

From February 14, 2011, the Defendant has been engaged in the management of the purchase, sales funds, books, etc. of the said company as a personal accounting employee D, a personal company run by the victim C in Nam-si, Namyang-si.

On April 30, 2011, the Defendant collected sales proceeds of KRW 2,500,000 from E company’s office from E company to its financial account, and violated his/her duties while keeping it for the said victim’s business, and used it for personal purposes, such as living expenses, etc. in Incheon City’s office around that time.

In addition, from May 20, 201 to October 31, 2011, the Defendant consumed 17,967,500 won by the same method over 45 times as indicated in the annexed crime sight table.

Accordingly, the Defendant embezzled the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., the facts of crime committed by the defendant, the fact that the defendant has no particular criminal record except for a fine imposed once in 2

1. Social service order under Article 62-2 of the Criminal Act;

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