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(영문) 대구지방법원 2014.01.17 2013고단5497

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From the lower police officer on December 2, 201 to the lower police officer on May 2012, 201, the Defendant was engaged in the business of transferring to other fish sales and collecting money of the said company as the senior executive officer of the Victim C Co., Ltd. located in Daegu Suwon-gu B.

On May 1, 2012, the Defendant voluntarily consumed KRW 12,050,00,000 in total over 28 times from around that time to May 30, 2012, as shown in the list of crimes in the separate sheet, while collecting KRW 730,000 in cash from the agency C, which was kept for business for the said company, and using it for personal purposes.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. The full-scale list of achievements, the application of five-month expenses and the Acts and subordinate statutes of the revenue analysis table;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record exceeding the same kind of punishment and fine, the violation, the amount of damage, etc.);

1. Social service order under Article 62-2 of the Criminal Act;