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(영문) 수원지방법원 2014.07.30 2013고단3910

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

From June 2007 to August 20, 2010, the Defendant served as a business employee from the victim E (ju) in the Nam-gu Incheon Metropolitan City, Nam-gu, as a business employee.

Although the Defendant, as a business member, should deposit the transaction amount with the victim company, he/she did not deposit the transaction amount of KRW 22,98,382 as shown in the annexed crime list at around June 25, 2007, while he/she did not deposit the transaction amount of KRW 400,000 in the G pharmacy located in Seocho-gu Seoul Metropolitan Government 110-1 on the first floor of the F building in Seocho-gu, but did not deposit it with the victim company. From around that time to August 22, 2012, the Defendant embezzled the transaction amount of KRW 22,98,382 at his/her discretion

Summary of Evidence

1. Statement made by a witness I in the third protocol of the trial;

1. Statement made by the witness J in the fourth trial records;

1. Each protocol concerning the examination of the suspect against the accused (including parts of the statement by the J);

1. Each police statement made to J and I;

1. Application of Acts and subordinate statutes to the accusation (including attached data), written confirmation, details of the estimated balance sheet, details of transactions, and current status of monthly sales revenue and expenditure;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;