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(영문) 광주지방법원 2018.04.26 2017고단5897
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From the early August 2014 to August 12, 2015, the Defendant was employed by the victim C and the victim D, and operated an office in Jeju City E, and was in charge of lending and collecting money from the victims’ funds from Jeju-do Japan Japan, and was in custody by receiving funds necessary for lending money from the victims and receiving wages from the victims for business purposes.

1. On August 14, 2014, the Defendant received a remittance of KRW 4.96 million from the victims to use for lending money, etc., from August 11, 2015 to August 11, 2015, and received a total of KRW 1,096,225,000 from the victims to the victims, and embezzled the total of KRW 1,031,610,000,000 from the money in his/her occupational custody, and then arbitrarily consumed the remainder of KRW 64,615,00,000.

2. On February 17, 2015, the Defendant received 2.4 million won from the victims to the account in the name of the Defendant’s name under the name of his/her employee F in return for transfer from the victims to the account under the name of the Defendant, and paid 2.1 million won to F in the amount of wages, and consumed at will the remainder of 300,000 won in the amount of

7. Between 16.16. A total of KRW 13.64 million in the name of F’s salary and allowances as shown in Appendix III, and paid KRW 10.7 million in the occupational custody, and embezzled the remainder of KRW 2.94 million in his/her own discretion, as shown in Appendix III.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Complaint;

1. Details of the transaction of savings deposits, details of the transaction by receipt period, details of the transaction of free savings deposits, details of the transaction of free savings deposits, and application of Acts and subordinate statutes governing the details of self-reliance deposits;

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

1. An aggravated punishment of concurrent crimes was embezzled for about one year on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the amount was not specified, and the victim’s injury has not been recovered, etc., and the defendant led to the confession of the crime and reflects his mistake.

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