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(영문) 대구지방법원 경주지원 2015.11.11 2015고단245

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

During the period from November 1, 2013 to August 31, 2014, the Defendant, as the head of the overseas business headquarters of C Co., Ltd., the victim of Gyeonggi-si B and 1 Dong 204, has been engaged in the business of selling vehicles purchased by the victim company overseas and collecting the sales proceeds thereof.

On November 20, 2013 and 24th of the same month, the Defendant received respectively a transfer of USD 9,700 ($10,802,890 equivalent to KRW 10,890) in the name of a corporate bank account in the name of F, which is located in Korea, from D and E, and 2.5 tons in E, one vehicle of 2.5 tons in E, one or 6 E, one house of E and one house of E, and one house of E and 12 passengers, and embezzled for personal use at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to file a complaint, certificate of work, copy of certificate of employment, certificate of embezzlement of public funds, certificate of export declaration, etc., duplicate of passbook, statement of transaction in the past, inquiry into details of transactions in the contract, contract, investigation report (Attachment of e-mail accompanied by e-mail submitted by the F of the relevant witness), photograph of memograph and report of investigation (re

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Where significant damage has been recovered in the mitigation area (one month to October) (special mitigation area) provided for in Article 62 (1) of the Criminal Act (the scope of recommending punishment) provided for in Article 62 (1) of the suspended sentence;