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(영문) 서울서부지방법원 2016.01.13 2015고단2145
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from August 10, 2013 to July 2014, opened and operated “C” a Scoober club using an Internet NAC, and has been engaged in the business of planning Scoober administration on behalf of members of the club, planning aviation tickets, lodging facilities, etc.

The Defendant posted a letter on the said “C” bulletin, and applied for participation in the said note, and used 650,000 won for personal purposes, such as repayment of borrowed money, payment of agreed money, living expenses, etc., at a place where the location of the place is unknown at that time, while the Defendant received 650,000 won from the victim D to the corporate bank account (F) in the name of the Defendant’s mother, on March 20, 2014.

From around that time to July 4, 2014, the Defendant consumed a total of KRW 24,076,90 by the same method 46 times, such as the list of offenses, and embezzled the victims’ property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed with G and 26 persons;

1. Application of Acts and subordinate statutes to the details of deposit (the 44-81 pages of investigation records) and the content of NAP H (the 82-96 pages of investigation records)

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

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 62 (1) of the Criminal Act on the suspended sentence (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession and reflect of the defendant, the fact that the defendant has no record of being punished heavier than the fine, the total amount of the amount of the punishment by fraud) / [the scope of the recommended punishment] basic area (from April to April);

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