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(영문) 수원지방법원 성남지원 2012.07.27 2012고단887
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2009, the Defendant works as the representative of Victim E Co., Ltd. established for the purpose of manufacturing and wholesale and retailing show teams in Gwangju City from around Gwangju City, and has overall control over the overall business of the Defendant.

On January 27, 2010, the Defendant received 3 million won from Dai F Point, which is the business partner, in the above company, as the delivery price, from Dai F Point, and embezzled 65,516,360 won out of the business custody, for private purposes, such as living expenses, etc., in the course of business on behalf of the above company, after receiving 3 million won from Dai F Point in the passbook (Account Number G) under the name of the Defendant. From the above date to August 19, 201, the Defendant received 652,277,970 won from her business partner from her business day to August 19, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including the H substitute part);

1. The police statement of H;

1. An investigation report (Interviews with suspects and complainants), and a list of crimes;

1. A trading statement by account (A-registered corporate bank);

1. Application of Acts and subordinate statutes to the register of shareholders and an assignment order for registered matters (State);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of the type favorable to the defendant among the reasons for the sentencing] . [Special Sentencing] .10 million won (Special Sentencing) - Where the amount of embezzlement and breach of trust is less than KRW 100 million (Special Sentencing : Decision of the recommended field] / [the scope of the recommendation field] / 10 months [general ] from the mitigated area or 10 months [the general mitigation] - the serious reflectr [decision of the sentence] even though the defendant had the record of being punished for the same kind of crime, he/she must severely punish the crime of this case. However, the defendant is against his/her wrong, returned the amount of embezzlement to the victim on July 13, 2012, and other defendant's age, family environment, etc.

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