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(영문) 서울동부지방법원 2014.10.16 2014고단2238
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2008, the Defendant, as a business director of the victim C in Dongdaemun-gu Seoul Metropolitan Government, engaged in the business of collecting the price of supply.

On November 15, 2013, the Defendant: (a) at the E office located on the third floor of the D Building in Gwangjin-gu, Seoul Special Metropolitan City, the Defendant: (b) deposited one promissory note (F) with the face value 26,822,176 (F) of E issued for the supply of goods from its employees for the purpose of supply; and (c) sealed the victim’s rubber and employee reduction in the column of endorsement of the said Promissory Notes on the part of the victim’s company; and (d) received KRW 25,212,845 as discount from G upon request of G for the discount of the said Promissory Notes; and (c) consumed at will for personal purposes

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submission of materials by a complainant);

1. The reason for sentencing under Articles 356 and 355(1) of the relevant Act on Criminal Crimes [Scope of Recommendation] Type 1 (100 million won) basic area (4 to 1 year and 4 months) (100 million won] [Determination of sentence] The crime of this case is a crime that is embezzled while the defendant received and kept the supply of goods, and the defendant recognized the crime and divided, and the facts that the defendant is the first criminal without any previous conviction are favorable.

However, it is disadvantageous that the damage amount was not recovered at all.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be determined as the disposition.

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