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(영문) 창원지방법원 통영지원 2019.09.10 2019고단480
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

The Defendant is an accounting employee of the victim “C” corporation in Tong Young-si B from December 2, 2014 to January 2018, who was engaged in the management and accounting of the company’s operating fund.

On January 7, 2015, the Defendant, at the victim’s office, transferred the amount of goods collected from the customers of the victim’s company to the Suhyup account (D) account in the name of the victim company, and transferred the amount of 432,760 won, which is part of the money, to the company’s account in the name of the victim company, and arbitrarily consumed it as debt repayment, living expenses, etc.

In addition, the Defendant embezzled total of KRW 334,672,546 by the same method over 224 times, such as the list of crimes in the attached Table, from around that time to around January 10, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and F;

1. Application of Acts and subordinate statutes, such as details of transactions, entry and withdrawal transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [the scope of recommending punishment] shall be limited to embezzlement and breach of trust [the type 2], 100 million won or more, and less than 500 million won [the special appearance] mitigation factors: where the risk of damage is not substantially realized, in cases where the risk of damage is not substantially realized, the amount of punishment or significant damage has been recovered [the scope of recommending area and recommending punishment] special mitigation area, three to two years of imprisonment;

3. The sum of the criminal defendant’s occupational embezzlement exceeds KRW 340 million and did not reach an agreement with the victim company. However, the crime of this case was committed by the method that the defendant voluntarily withdraws funds from the victim company’s account and subsequently repeats transactions made in the last time.

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