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(영문) 수원지방법원 안산지원 2016.11.25 2016고단3528

업무상횡령

Text

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

Reasons

Punishment of the crime

From June 24, 2004 to May 2, 2013, the Defendant is a person who is working in the “E” of the victim D’s operation located in the Si of Mapopo-si to manage the goods as the head of the business, and is engaged in the business of supplying goods to the customer and collecting the proceeds thereof.

On March 16, 2013, the Defendant: (a) while having kept the said company’s inventory goods for the victim at the place of the said “E” business; (b) as if having shipped out the goods of an amount equivalent to KRW 1,615,680, the Defendant entered the said “E” in the “E” ledger as if he had released the goods of an amount equivalent to KRW 1,615,680 in Ansan-si F; and (c) disposed of the said amount in mind at the place of the sales.

From around that time to May 29, 2013, the Defendant: (a) released things in total amount of KRW 8,979,320 through eight times, as indicated in attached Table 1, and embezzled by disposing of them in mind.

On May 9, 2013, the Defendant supplied goods to the I M in Ansan-si, a member of Ansan-si, and collected KRW 1,966,700 from the goods for the personal use of the goods for the victim.

From around that time to May 30, 2013, the Defendant collected the total amount of KRW 24,682,280 from 14 times in total, as indicated in the list of crimes, and embezzled by consuming it for personal use in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act for the selection of criminal facts (to be punished by imprisonment, with prison labor, including, but not limited to, the list of offenses);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the reason for sentencing under Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] are the basic area (from April to January 1) [the special person] [the decision of sentencing] [the damage amount is approximately KRW 33 million, but the damage was not completely restored.