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(영문) 창원지방법원 2013.07.09 2012고단3914

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From June 25, 2010 to January 25, 2012, the Defendant was a person who was an operator of the Busan branch office of the company called “C” for the purpose of manufacturing and selling foodstuffs for the operation of the Victim B from around June 25, 2010 to around January 25, 201, supplied foodstuffs from the said company to an unspecified number of customers, and sold the foodstuffs to the said company, and received the food payments from the said

1. On June 25, 2010, the Defendant, at the office of Busan branch office located in Kimhae-si, supplied foodstuffs equivalent to approximately KRW 11,684,200, such as “the thickness of Madio Madio” by the victim, supplied them to many customers, and supplied them to the victim, and stored in the business for the victim. At that time, the Defendant did not pay to the victim, and embezzled the amount of foodstuffs for the purpose of living expenses, entertainment expenses, etc. at the location of the Defendant’s residence, etc., without paying the victim, arbitrarily consumed and embezzled them for the purpose of living expenses, entertainment expenses, etc. at the location of the Defendant’s residence, and then embezzled the sum of the amount of foodstuffs collected by the same method 59,639,130 won, such as the list of crimes in the attached list, by January 25, 2012.

2. Around January 25, 2012, the Defendant embezzled, in a manner that does not return to the victim, he/she was kept for the business delegated by the victim, the Fpoter II, which is equivalent to KRW 10,000,000 at the market price of the victim’s possession in front of Kimhae-si, for the sake of the business delegated by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

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

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the amount of damage in this case reaches KRW 70 million; and (b) the amount of damage in the amount of KRW 40 million has not been recovered; and (c) the Defendant shall be punished strictly.

Provided, That the defendant is depthed in making a confession of a crime as an initial offender.