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(영문) 창원지방법원 밀양지원 2015.12.31 2015고단375

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. The Defendant, as the director of the management division of the Fund in charge of the management of the Fund in charge of the management of the Fund in charge of the distribution and management of agricultural products by using the F vehicle owned by the victim (representative: D).

On September 17, 2015, at around 12:00, the Defendant, who was parked in the said parking lot G G, was found to have agricultural products to be purchased by driving the said vehicle at the said parking lot located in the Gyeongnam-gun, and visiting and purchasing the transaction partners located in the dong, and then, on September 18, 2015, the Defendant embezzled one vehicle owned by the said victim, by refusing to return the vehicle by leaving the said vehicle at the parking lot of the Gyeongnam-gun, Sin-si, Sin-si, and the said company returned to the said company at around 09:0 on September 18, 2015.

2. Violation of the Road Traffic Act;

A. At around 12:00 on September 17, 2015, the Defendant operated the said vehicle from the front side of G G to the front side of the Gyeongyang-si, Gyeongyang-si, Gyeongyang-si, without a driver’s license for a motor vehicle.

B. At around 09:00 on September 18, 2015, the Defendant operated the said vehicle from the front day of the soup set soup, without a driver’s license for a motor vehicle, to the front day of the bus parking lot located in the Si/Eup, instead of from the front day of the said soup.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Records of seizure and the list of seizure;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes on vehicle theft reports;

1. Relevant Article of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that reflects his/her mistake during a certain period of detention, that there is no past record of the same suspended execution

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;