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(영문) 수원지방법원 성남지원 2014.07.11 2014고단882

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant, who is the E station operated by the victim C in Seongbuk-gu, Sungnam-si, was entrusted by the victim, engaged in the management of the whole operation of the station, such as the purchase and storage of the station oil, the management of employees, the sale of the station oil, and the management of the price.

The Defendant, at the end of January 2013, embezzled KRW 21,479,479,053,078 as if he sold the bus to a bus company, including FF companies and G companies, by entering the monthly sales proceeds in an account book, agreed to collect KRW 23,00,000 per liter, and the Defendant did not accurately verify the account book and inventory amount. The Defendant embezzled KRW 77,3125,266,412,412, from that time to September 2013, as indicated in the list of crimes in the attached Table, the Defendant embezzled the Defendant’s accumulated debt amount of KRW 60,00,00,00 for the Defendant’s bonds, etc., and did not accurately verify the account book and inventory amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Consideration of the reason for sentencing of the crime, method and amount of damage, degree of damage reimbursement, etc. under Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Dismissal of Application for Compensation Orders, 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. (the application