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(영문) 수원지방법원 평택지원 2016.01.07 2015고단667
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 30, 2011, the Defendant agreed to operate jointly with the victim C, the victim D, and the victim D, and the Specialized Sheet project. From June 201, the Defendant agreed to operate the victim C, the victim D, and the "E detolutoty", the victim C's share 41.841%, the victim's share 8.3682%, the victim's share 8.3682%, and the victim's share 49.7907%.

In accordance with the above business agreement, Defendant 7 was engaged in the business of operating the “Eenpact” on the seventh floor of the F building in Ansan City, and was in custody of the partner’s funds in the name of Defendant with the new cooperation box (G account number) in his/her name, Defendant 201,700 won around April 18, 201 and consumed for personal purposes for H’s account.

From around that time to June 12, 2014, the Defendant embezzled the total amount of KRW 79,705,694, which was kept by the same way for the victims through the same means, as shown in the list of crimes in attached Table 473, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of each police (C, D);

1. The application of Acts and subordinate statutes to each investigation report (the preparation of a list of offenses by account related to embezzlement and the preparation and reporting of a list of offenses);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendation] Article 62-2 of the Act on the Protection and observation of the Protection and the Reasons for the Punishment of Social Service [the scope of punishment is less than 100 million won] / [the sentence of April to one year] / although the damage was not fully recovered, there are no circumstances to consider the instant crime, such as the Defendant’s contribution to a certain portion of the operation of the “Eins”, etc. However, the Defendant does not have any criminal records and criminal records that exceed the suspended sentence, the Defendant deposited KRW 6,00,000 for the victim C, and other various circumstances shown in the records, such as the Defendant’s age, sexual behavior, home environment, etc.

It is so decided as per Disposition for the above reasons.

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