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(영문) 서울남부지방법원 2017.12.21 2016고단6082
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From September 30, 2015, the Defendant has been engaged in the business management and collection of clients of the said company as a business employee of Guro-gu Seoul Metropolitan Government Co., Ltd. who suffered damage.

On July 24, 2016, the Defendant collected KRW 970,000 from “F point operated by E” in Songpa-gu Seoul, Songpa-gu, and was in the occupational custody for the said company. Around that time, the Defendant spent the amount of KRW 12,177,500 in total from KRW 10 times to August 31, 2016 by means of the same method, as indicated in the list of crimes in the attached Table, from around that time to around 31, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Current status of embezzlement by business establishment;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. The grounds for sentencing under Articles 356 and 355(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] [the grounds for sentencing under Article 356 and Article 355(1) of the Criminal Code [the scope of recommending punishment] No person who has no basic area (from April to January 14) [the person who has been sentenced to special sentencing] [the decision of sentencing] has not been restored [the decision of sentencing], but there are unfavorable circumstances, such as the defendant has no criminal record and fine heavier than that of the same criminal record and fine, it shall be taken into consideration equally.

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