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(영문) 서울중앙지방법원 2015.10.12 2015고단2522

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

(ju)The Defendant, operating a precious metal selling company with D’s trade name, engaged in precious metal consignment sales business.

On October 26, 2011, the Defendant was entrusted with the sale of 75,000 won of the Dmond by G, the representative of (ju)F in Jongno-gu Seoul E.

Around that time, the Defendant sold the above multimond in Jongno-gu Seoul Metropolitan Government and used the above multimond for the purpose of repaying the existing debt owed to the victim during his/her business custody for the victim.

In addition, from that time until December 19, 2011, the Defendant was entrusted with the sale of a multimond worth of 38,693,000 won in total over 65 times, as shown in the attached list of crimes, and sold the above goods in Jongno-gu Seoul Jongno-gu Seoul around that time, and embezzled the price by using the price for the payment of the existing debt to the victim or for the operation expenses of the said D.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the prosecutor's protocol of examination of the accused (including H's statement)

1. Each part of the police's protocol of interrogation of the accused (including the statement of H)

1. The police statement of H;

1. A list of crimes, a consignment sales contract, a sales contract, a list of goods, a certificate of receipt of a rehabilitation report, each specification of transactions, a criminal investigation report (documents A), a statement of payment for goods, a rehabilitation claim report, a rehabilitation claim report, a rehabilitation claim report, a statement of declaration on rehabilitation claims, a consignment sale, a power of attorney

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”) are as follows: the age, character and conduct, occupation and environment, criminal records, motive, circumstance, method and consequence of the crime, as well as the circumstances before and after the crime.