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(영문) 울산지방법원 2015.11.26 2015고단2178

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

The Defendant, from June 1, 2012 to March 31, 2015, worked as the branch office of the Victim C Co., Ltd. located in Yangsan City and engaged in the sale of goods, the collection of money, and the management of inventory assets of the said company.

1. From Apr. 2013 to Jul. 2014, the Defendant: (a) supplied goods, such as a direction-setting system, to D who is a business partner of C during the period from Apr. 2, 2013 to Jul. 2014; and (b) deposited goods for the said company in cash several times; and (c) used the goods for personal purposes, such as cost of living, etc. at the Yangsan-si Board around that time.

In addition, the Defendant spent 20,772,070 won in total, which was collected from 10 business partners in the mass clock place, as stated in the attached list of crimes.

Accordingly, the Defendant embezzled the property of the victim company.

2. From July 2014 to February 28, 2015, the Defendant embezzled KRW 21,596,000 of the sales price of goods for the said company by supplying KRW 21,596,00 of the sales price of goods to E, a customer in the victim C, a transaction partner, and supplying KRW 8,00 to F, a transaction partner, and then 1,200 of the sales price of goods through several times from each of the said transaction partners, while the Defendant embezzled the money for personal use, such as living expenses, etc., from the Yangsan City Council around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A complaint;

1. Application of Acts and subordinate statutes to the current status of payments not made to the head office for business customers, receipts and claims by each business customer, a confirmation of balance, inventory inspection table, and status of deficiencies in Busan Branch;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 1 (100 million won) is the basic area (4 to 1 year and April).