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(영문) 인천지방법원 2014.10.22 2014고단5954
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On April 4, 2013, the Defendant entered into a partnership agreement with the victim Co., Ltd. to promote the sale of travel products, and was engaged in mediating the sale of travel products by the victim from July 23, 2013 in Yeonsu-gu Incheon Metropolitan City C.

The defendant had a duty to pay fees according to the profit ratio after making the first income revert to the victim by having the customer who purchased the victim's travel goods directly remit the amount to the victim's corporate account, etc. under the above contract with the victim.

around March 18, 2014, the Defendant received a transfer of KRW 68,670,00,00 from the sales price of the goods travelling to five European countries to the above D’s corporate bank account (Account Number: E).

The Defendant voluntarily consumed KRW 7,469,000 as the head of the travel team at around that time while he/she was in custody of the transferred money for the victim.

In addition, from around that time to May 3, 2014, the Defendant voluntarily consumed the sales price of travel goods in the manner of paying it as investment money to the above F, and embezzled total of KRW 116,52,620, which is the property of the victim eight times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the entry and withdrawal;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] type 2 (10 million won or more to less than 50 million won) is mitigated (6-2 years), the area of mitigation (6-2 years), the area of punishment is not subject to a special mitigation, or

2. The defendant who was sentenced to sentence made a confession of the crime of this case as the first offender.

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