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(영문) 의정부지방법원 고양지원 2017.09.15 2017고단741
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The instant criminal facts, which were prosecuted before and after the 2017 senior group 741, 2017 senior group 2017 senior group 2092, are recognized as a single comprehensive crime. The prosecutor did not explain the purpose of adding or supplementing the criminal facts stated in the indictment, which constitute a single comprehensive crime for the crime of embezzlement, or the criminal facts stated in the indictment additionally submitted, as an act constituting a single comprehensive crime. However, each of the instant criminal facts cannot be deemed as going against the legislative intent of preventing double indictment by recognizing all of the instant criminal acts as a single comprehensive crime, and recognizing the criminal facts charged as a single comprehensive crime without any disadvantage to the defendant's defense. In light of the fact that the single comprehensive crime, which was prosecuted as a single crime, can be punished as a single comprehensive crime without any amendment to the indictment, the Defendant did not dismiss the judgment on the part charged with the aforementioned criminal facts as an employee of the company before and after the 2005 senior group 207 senior group 2005.7.27.

When it is necessary to pay money to be used individually due to living expenses, repayment of debts, etc., the Defendant arbitrarily withdrawn the corporate funds managed by the Defendant, or remitted money to the bank account in the name of the Defendant’s husband F and G to use for personal purposes.

On April 30, 2008, the Defendant deposited KRW 20,000,00 from the Nonghyup Bank’s account in the name of the victim to the Defendant’s corporate bank account in the name of G while keeping the said corporate funds for business purposes at the above victim’s office, and consumed the said corporate funds for personal purposes, such as living expenses, around that time, and around October 22, 2008, at the above victim’s office.

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