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(영문) 서울동부지방법원 2017.12.21 2017고단3303
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From October 13, 2016 to June 19, 2017, the Defendant has been in charge of fund management, accounting, etc. in Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. (hereinafter referred to as “victim Co., Ltd”).

On October 14, 2016, the Defendant arbitrarily used KRW 24,99,066 in total for 61 times from around that time to June 9, 2017, as indicated in the attached Table of Crimes, and embezzled KRW 24,99,066 in total for 61 times as shown in the attached Table of Crimes, on the ground that the Defendant, at the time of cash withdrawal near the above victim company, was in the custody of the cash card with the victim company as a corporation’s bank account (number D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. An investigation report (a detailed statement of the transaction of the corporate account to be submitted by an complainant), an investigation report (a reply data from a corporation with no tax return);

1. Details of withdrawals to the Defendant’s account, detailed details of the results of the immediate transfer process, details of cash withdrawals, details of deposit transactions, application of Acts and subordinate statutes on advance payment lists;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act for the choice of criminal facts;

1. Review of the sentencing criteria [the scope of the recommended punishment] Type 1 (the amount of less than 100 million won) basic area (from April to January 4) (the person who is subject to special sentencing];

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The defendant has a record of being punished by a fine due to the same crime; the defendant committed the crime of this case as long as he/she entered the victim company; and the victim's damage has not been recovered.

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