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(영문) 서울북부지방법원 2013.05.30 2012고단3132
업무상횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the business of selling and collecting musical instruments from the victim (ju) D operated by C from October 26, 2009 to July 13, 2012, and used the position of “transfer”.

1. Around November 17, 2011, the Defendant embezzled KRW 1,530,00,000, which was kept in custody for the victim of the sales proceeds that he/she sold and received to “F” in the fourth floor of Jongno-gu Seoul Metropolitan Government E-building 4.10, and embezzled by arbitrarily using KRW 21,35,620, total sum of KRW 29,620, around 29 times until July 6, 2012, as indicated in Table 1.

2. The Defendant in occupational breach of trust used the corporate card that was issued with an order to use in relation to the business of the victim company for the purpose of the business of the company, even though there was a duty to use only for the purpose related to the business of the company, from April 5, 2010 to May 15, 2012, the Defendant used the mobile phone fee of KRW 1,853,240 for a total of 15 times over 15 times, as indicated in the crime sight table 2, in the method of paying the mobile phone fee of KRW

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement made to C, G, and H;

1. Each certification of I, J, and K;

1. Application of Acts and subordinate statutes concerning each specification of transactions, details of shipment, and details of use of corporate cards;

1. Articles 356 and 355 (1) and (2) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the amount of damage for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act has not been recovered from damage without a significant amount of damage for the reason of sentencing, and the punishment as ordered shall be determined in consideration of the circumstances leading to the instant crime, the age, character and conduct, environment, circumstances after the instant crime, etc.

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