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(영문) 수원지방법원 2015.07.22 2015고단460
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, as a member of a limited partnership D operated by the victim C from around July 2011 to July 2014, has been engaged in the sales and purchase of alcoholic beverages of the said company.

On December 18, 2013, the Defendant deposited KRW 785,200 from the G main store, a trader, at the bank account (F) of the Defendant’s company located in Suwon-si, Suwon-si, the Defendant spent KRW 75,692,654 over 49 times in total, as shown in the annexed crime list, by gambling sports discussions, etc. at the Defendant’s residential seat located in Suwon-si H at the place where the Defendant was located in Suwon-si, Suwon-si, Suwon-si, and then consumed KRW 75,692,654 on August 13, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C;

1. Account transactions;

1. Application of Acts and subordinate statutes to a report on investigation (total sum of the amount of damage and preparation of a list of crimes);

1. The reason for sentencing of Articles 356 and 355(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] Article 356 and Article 355(1) of the Criminal Act / [the scope of recommending punishment] 1 (100 million won) basic area (4-100 million won) / [the decision of sentencing] / [the decision of sentencing] 8 months / Defendant is the first offender. However, in light of the fact that in August, the Defendant was the first offender, the Defendant trusted the Defendant and entrusted with the business of collecting the transaction amount, a large amount of money exceeding 75 million won using a large amount of money as his own gambling fund, etc., and the fact that most damage

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