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Reasons
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(영문) 서울남부지방법원 2018.09.06 2018고단1800
업무상횡령
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1. The defendant shall be punished by imprisonment with prison labor for eight months;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

Since October 2002, the Defendant was in charge of the sales agency of the 'E building', which is a 4 foot multi-household building, the 1/2 share of each of the 1/2 shares by the victim B and C from around the middle of October 2002, and was engaged in the work of receiving the sales price from the several parties, and delivering it to the victims.

Defendant paid KRW 10 million as down payment around March 4, 200, and KRW 17.5 million as down payment around July 16, 2003, the Defendant received KRW 301 as down payment on March 6, 2003, and received KRW 15.5 million as down payment on March 6, 2003, and embezzled KRW 15.5 million as the remainder on April 30, 2003 by transferring KRW 53 million to the Defendant’s I Bank Account (J) and deducting KRW 5.5 million as proxy fee from KRW 53 million as down payment on behalf of the victims during his business custody at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (Supplement of Complaints);

1. B accusation;

1. A factual confirmation (H) and a factual confirmation (G);

1. Details of loans deposited by banks;

1. Application of investigation reports (information of submitted data), details of financial transactions with I banks, certificates of deposit transactions with K Bank, and certified copies of L resident registration Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Occupational embezzlement and choice of imprisonment);

1. There is a high possibility of criticism in light of the following: (a) the amount of damage for sentencing under Article 186 of the Criminal Procedure Act, which is not significant (not taking into account the monetary value at the time of the crime) and the long-term escape, and (b) the victim seems to have suffered significant pain.

However, considering the fact that part of damage has been recovered and that it has strong will to continue damage in the future, the first offender shall be considered and the defendant's age, sex, environment, legal attitude, etc. shall be determined as the same as the order.

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