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(영문) 광주지방법원 해남지원 2017.11.09 2017고단355
업무상횡령
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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, from November 1, 2015 to March 31, 2016, worked as the director in charge of accounting management of the victim C, a corporation located in South Navy B, and engaged in the management of the company's funds.

On December 7, 2015, the Defendant embezzled the total amount of KRW 8,948,816 from that time to March 28, 2016, as shown in the separate crime list, by consuming the total amount of KRW 8,948,816, as shown in the separate crime list, from that time, to that of 40 times during the period from that time to that of March 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to documents attached to a written complaint, certified copy of the register of a stock company C corporation, and a suspect A entry and departure transactions;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [type determination] Type 1 (a decision less than KRW 100 million) (decision on the territory of recommendation] basic area (4 months to 1 year and 4 months) (a person who is subject to special sentencing];

2. The sentence shall be determined as ordered in consideration of all kinds of sentencing factors revealed in the trial process of the instant case, such as the following: (a) the number of times or amount embezzled by the Defendant; (b) the number of times or amount embezzled by the Defendant; and (c) the damage recovery has not yet been performed; or (d) the fact that the Defendant misleads and reflects the Defendant’s mistake; (b) the primary offender; (c) the support for his family; and (d) the age, sex, environment, circumstances

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