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(영문) 서울서부지방법원 2014.11.26 2014고단30

업무상횡령

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a suspended sentence of five months for the crime of occupational embezzlement at the Seoul Western District Court on May 22, 2013 and one year for a suspended sentence of five months.

8.24. The above judgment became final and conclusive.

【Criminal Facts】

The defendant is the representative of the D Co., Ltd. who has been engaged in the management of the vehicle.

1. Around July 2010, the Defendant concluded a land-based contract with the victim E and embezzled the Fwing Fwing Fwing Franchi, the Plaintiff owned, by entering the said D Co., Ltd. and kept in custody for the victim. On March 20, 2012, the Defendant embezzled the Fwing Fwing Fwing Franchi, the Plaintiff owned, by setting up a mortgage on the amount of KRW 30 million per vehicle for the said D Co., Ltd., Ltd., Seoul Mutual Savings Bank, Seoul Mutual Savings Bank, and KRW 60,000 per share for the said D Co., Ltd. in order to secure the money to be loaned from the said D Co., Ltd., Ltd., and the said D Co., Ltd., Ltd., Seoul Mutual Savings Bank

2. On September 5, 2010, the Defendant, upon entering into a land-based agreement with the victim G and entered the said D Company and kept the said D Company for business purposes. On April 5, 2012, the Defendant embezzled this by setting up a mortgage on the first point of Seocho-gu Seoul Mutual Savings Bank, Seoul Mutual Savings Bank, and the claim value of KRW 60 million for each of the aforementioned D Company, in order to secure the money that the persons wish to purchase for the said D Company at Seocho-gu located in Seocho-gu, Seoul, for the said D Company.

Summary of Evidence

1. Defendant's legal statement;

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

1. A protocol concerning the examination of suspect with regard to I;

1. Protocol of the police statement concerning G;

1. A criminal investigation report, indictment, case forwarding note, suspect interrogation protocol (A2013-9238);

1. A complaint;

1. Criminal records as stated in the judgment: Investigation report (Attachment to attached written judgments), application of written judgments, and statutes;

1. Articles 356 and 355(1) of the Criminal Act applicable to the crime;