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(영문) 수원지방법원안산지원 2020.11.11 2020고단2020
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From July 6, 2018 to December 4, 2019, the Defendant has been engaged in the management and operation of Ansan-si Member C “D” as the victim B, victim E, victim F and Dong business.

In July 2018 to August 30, 2019, the Defendant, while operating the said company in the name of the victim B, was in the custody of company funds in the name of the Industrial Bank of Korea (G) account and H Bank (I) account in the name of the victim B. On January 21, 2019, the Defendant instructed the accounting staff E to transfer KRW 2,600,000 from the Industrial Bank of Korea (G) account to the Defendant’s account, and consumed it for personal purposes, such as living expenses, etc. from around that time to around August 30, 2019, used the total amount of KRW 40,613,100 in the same way as shown in the separate crime list.

Accordingly, the defendant embezzleds the assets of the victims of occupational custody.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's partial statement B, Eul's written statement by the police bank account in the name of each of the B, the statement of transaction by the H bank account in the name of the H bank account in the name of the B, the statement of transaction by the H bank account in the name of the H bank account in the name of A, the investigation report on the statement by the H bank account in the name of the H bank account in the name of

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The fact that most of the grounds for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Dismissal of Application for Compensation, was not recovered from damage, and the defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, etc. are considered, and the punishment is determined as ordered in consideration of various sentencing conditions.

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