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(영문) 서울동부지방법원 2020.04.24 2020고단420
업무상횡령
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of accounting affairs at the victim C Co., Ltd. in Seongdong-gu Seoul Metropolitan Building Management Business from December 9, 2016 to January 15, 2020.

On February 27, 2017, the Defendant: (a) prepared a written disbursement resolution of KRW 869,650 in the office of the first floor management office of the D Building, which is an office of the victim company; (b) obtained approval from the director of the management office and the president of the representative of the occupant of the said building; (c) withdrawn the money deposited in the E Bank account (F) in the name of the E Bank (F) branch of the E Bank; and (d) arbitrarily withdrawn KRW 1,869,650,000 in addition to KRW 1,869,650 in the said written disbursement resolution, and used KRW 1,00,000 among them for personal purposes, such as living expenses, around that time.

From around that time to January 7, 2020, the Defendant consumed the total of KRW 80,300,000 in the same way through the same 21 times from the place of the Dong in Seoul Metropolitan City, such as the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Investigation report (number 11, 14);

1. Copy of a disbursement resolution and passbook;

1. Application of Acts and subordinate statutes, such as the details of passbook transactions (scams, fins and fins), and monetary table;

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

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

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. Determination of sentence: Ten months of imprisonment, the circumstances unfavorable to two years of suspension of execution, which are large and large in size of embezzlement;

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