(영문) 수원지방법원 여주지원 2017.02.15 2016고단1265

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(영문) 수원지방법원 여주지원 2017.02.15 2016고단1265

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant has been engaged in the business and the collection of money from May 26, 2014 to October 30, 2015 as the head of the business division of the victim C who suffered damage in Echeon-si B.

On October 11, 2014, the Defendant: (a) collected KRW 400,00,000 from D to D’s place of fire, and was in custody for the said company on behalf of the Defendant; (b) around that time, he consumeds living expenses according to his mind, etc. for personal purposes, such as living expenses, etc.; and (c) from January 15, 2016 to January 15, 2016, the Defendant consumed the total of KRW 318,00 by the same method over a total of 10 times.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Current status of deposits and bonds by customer, certificates of confirmation of transfer transactions, receipts, and written confirmations;

1. Application of the Act and subordinate statutes to the details of the NongHyup account transactions and the details of the NongHyup account transactions ( October 14, 14 to October 31, 14)

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection [the scope of the recommended sentence] No person who does not have a basic area (from April to January 1) [the person subject to special sentencing] [the decision of sentence] 1 year of suspended execution of April (the fact that the amount of damage is not a significant amount, less than the amount of damage is not recovered, less than the amount of punishment for the same kind of crime and fine) 1 year of suspended execution of April (the fact that the defendant was not subject to punishment heavier than the amount of punishment for the same kind of crime and fine, and the circumstances that

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