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(영문) 서울남부지방법원 2018.04.05 2017고단6293
업무상횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From January 1, 1999 to February 1, 2017, the Defendant has been engaged in the business and financing of the victim company as a business director of Yeonsu-gu Incheon and 1005.

On January 2013, the Defendant received a rebates of approximately KRW 4,50,000 from F, who supplied the hact disc to the victim company, and received a rebates of KRW 4,50,000,000 from the F, and used them for the victim company’s business expenses, etc. on January 21, 2013, and deposited KRW 1,450,000, out of which the Defendant’s communication fee, insurance premium, credit card payment, etc. were automatically settled every month and the balance was settled into the bank account (G) in the name of the Defendant at the location of the math, and used it at will in repayment of the mas loan.

In addition, the Defendant embezzled the sum of KRW 145,870,000 on 146 occasions between January 21, 2013 and December 21, 2016 in the same manner, as indicated in the list of crimes committed in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: Imprisonment with prison labor for ten months, and the defendant shall be taken into account the fact that he/she has no criminal history except for one-time fine for a crime of violating the Road Traffic Act, and that he/she has deposited the full amount of damage to the victim);

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