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(영문) 인천지방법원 2015.11.18 2015고단5951
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

around November 27, 2014, the Defendant voluntarily released KRW 1,51,950, and arbitrarily used the account books by manipulating the account books to obtain approval, as if the Defendant paid the outstanding amount to D, which was located in Yeonsu-gu Incheon Venture Co., Ltd., Ltd., and around November 27, 2014, at the damaged office located in Yeonsu-gu, Incheon, Incheon, 36-ro 37 (Songdongdong). From November 27, 2014, the Defendant arbitrarily released KRW 12,423,40,00 in cash by manipulating the account books as if the outstanding amount was paid to D, and arbitrarily used the account books by withdrawing the account books as if the outstanding amount was paid to D, who is a customer, at the same place, at his/her discretion, around November 28, 2014; and ③ by arbitrarily withdrawing KRW 3,487,000,000 in cash and obtaining approval from the customer from December 231, 2015 to December 2013.

The Defendant embezzled KRW 43,278,620, total amount of money owned by the victimized company that was kept in business as above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The details of complaint, embezzlement and embezzlement;

1. Application of Acts and subordinate statutes, such as a copy of a bankbook, the president of a customer, claims and obligations inquiry statement, import payment substitute resolution, and book copy;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment according to sentencing guidelines] Type 1 (100 million won) (Article 62-10) (Article 62-10) (Article 6 of the mitigated area (Article 62) (Article 62 (10 million won)] self-denunciation (decision of sentence]

However, the fact that the defendant voluntarily surrendered, the first offender, the fact that the damaged amount deposited KRW 10 million, the fact that the embezzled money seems to have been consumed by family living expenses and medical expenses, etc.

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