beta
(영문) 대전지방법원 2013.11.04 2013고단2300

업무상횡령

Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive, each of the above punishments shall be executed.

Reasons

Punishment of the crime

1. Defendant A, as a member of the victim Fmat in E from July 1, 200 to August 27, 2012, he/she had been engaged in overall sales of the victim Fmat in E, and in the overall sales of the fmat and the amount of money, inventory management, meat processing, etc.

On May 21, 2002, the Defendant stated KRW 1,854,00,00 for refined meat sales price in H located in Daejeon-gu Daejeon-gu G, which is established and operated by the victim, as “M” in the written indictment under the Defendant’s name, but this appears to be a clerical error in I, and thus, it is corrected as above.

From March 17, 2009 to March 17, 2009, a total of 75,415,430 won was consumed by the same method 57 times in total, such as the list of crimes (1) in attached Form 57, from that time, from the time of being consumed for personal use at an insular place.

Accordingly, the defendant embezzled the victim's property.

2. Defendant B, as a member of the victim Fmat in B from May 12, 2001 to August 27, 2012, the Defendant had been engaged in the overall sale of the victim Fmat in B from May 12, 2001 to August 27, 201, and engaged in the overall sale of the fmater’s frop

On July 19, 2007, the Defendant deposited 1,170,000 won in the Agricultural Cooperative account in the name of the Defendant in Jung-gu, Daejeon, which was established and operated by the victim, and kept in custody for the victim. Around that time, the Defendant spent 72,290,000 won in total by the same method from August 24, 201 to August 24, 2012, from around 71 as indicated in the annexed crime list (2).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of K and L;

1. A Faccident report;

1. Application of Acts and subordinate statutes to investigation reports (suspect B, reporting on confirmation of work period A);

1. Articles 356 and 355 of the Criminal Act inclusive with respect to the facts constituting an offense.