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(영문) 서울중앙지방법원 2015.11.12 2015고단3114
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From November 2005 to September 2013, 2013, the Defendant was in charge of forest sales, etc. at the victim (State) D's D', and from September 2013 to July 2014, the Defendant was in charge of forest sales, etc. at (State) E's affiliate company to the said (State)C.

On May 15, 2011, the Defendant, at the (ju) D branch in Jongno-gu Seoul Metropolitan Government F, embezzled the sales proceeds of the title “G” as “G,” 33 million won for the foregoing company. Around that time, the Defendant used the title for personal use at the KRW 33 million for the foregoing company and embezzled it.

In addition, from around that time to May 7, 2014, the Defendant embezzled the total sum of KRW 86 million for the sale proceeds of the forest in the city of Seoul through four times as shown in the annexed crime list, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H;

1. A complaint, each employment contract, receipt, and copy of a bankbook;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (including that most of the damages were compensated through reimbursement, deposit, etc. and that there was no record of punishment).

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