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(영문) 광주지방법원 2012.12.27 2012고단5691

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, from July 2010 to August 201, 201, engaged in the management of the victim C’s “D self-reader” in the mine district B of Gwangju Metropolitan City, engaged in the business of collecting and cleaning and repairing vending machines.

From March 2011 to August 2011, the Defendant voluntarily used KRW 14,043,120 out of the money in daily living expenses, etc. while paying the sales price (total amount of KRW 6 months to KRW 75,454,470) of coffee vending machines installed in the Gwangju Metropolitan City Factory located in the Gwangju Mine-dong.

In addition, from March 2011 to August 2011, the Defendant arbitrarily used KRW 5,196,210 out of the money in daily living expenses, etc. while collecting the sales price (total of six months to 59,009,90) of cans, drinking water vending machines installed in Gwangju factory, and storing for the victim.

Accordingly, the defendant embezzleds the property of the victim who has been kept in business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant legal provisions concerning facts constituting an offense, and Articles 356 and 355 (1) of the Criminal Act (generally, and choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant recognized most of the facts charged in the instant case and sought a preference; (b) the Defendant paid part of the amount to the victim to recover damage; and (c) the sentencing data indicated in the pleadings, such as the Defendant’s age, character and conduct

It is so decided as per Disposition for the above reasons.