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(영문) 대구지방법원 포항지원 2013.11.14 2013고단903
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From September 5, 2011 to October 20, 2012, the Defendant served as a DNA accounting staff member in North Korea-gu Seoul located at the port from September 5, 2011 to October 20, 201, and was in charge of the above newspaper company’s sales revenue, advertising revenue, management of newspaper company’s operating expenses, and personnel expenses.

(E)The Defendant, as a staff member of D Accounting, managed a passbook and seal in the name of the Corporation, and kept the revenue, etc. for the purpose of the above newspaper’s business, at the North Port Postal Office located in North Korea-dong, at port on October 13, 2011, prepared a withdrawal money list using passbook and seal held, and deposited one million won in cash from the post office account (E) of the above newspaper company at that time, and used it to repay the Defendant’s personal debt.

From around that time to October 18, 2012, the Defendant used a total of KRW 131,210,000 for personal purposes, as shown in the attached list of crimes, and embezzled it for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (three times);

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a copy of confirmation, a copy of each fact-finding certificate, each detailed statement of transactions of ordinary deposits, a list of transactions of free deposits of enterprises, and a detailed statement of transactions of financial transactions in a corporation;

1. The punishment of this case is to be imposed in consideration of the circumstances, such as the fact that the defendant committed the crime of this case even though he had the record of having been sentenced to a suspended sentence for the same kind of crime with the reason for sentencing under Articles 356 and 355(1) of the Criminal Act, comprehensively including the pertinent legal provisions for the crime of this case and the choice of punishment, and the fact that the amount of embezzlement is large, but the complete recovery of damage has not been made so far, and that he did not receive a letter from the victim: Provided, That the punishment is to be determined as ordered in consideration of favorable circumstances, such as

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