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(영문) 대구지방법원 안동지원 2018.01.23 2016고단434

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The Defendant each year from around 2010 to around 2015.

7. From around 20. to November 20. 20, the victim C, who is permanently residing in B, worked as a daily brokerage merchant "D" and "E" practically operated by the victim C, paid the auction proceeds after deducting the commission and the loading and unloading expenses to farmers who shipped over the day, and received the remittance of the excess proceeds sold at retail, etc.

From July 26, 2013 to October 30, 2015, the Defendant deposited KRW 1,700,000 in cash to the Agricultural Cooperative (F) account in the name of the Defendant for personal consumption, such as living expenses, while keeping the daily brokerage fund for the victim in the course of business from around July 26, 2013 to around October 30, 2015, and deposited KRW 48,469,00 in total over 41 times, as described in the list of crimes in the attached Form by the aforementioned method, and embezzled KRW 48,469,00 in total from July 26, 2015 to the Agricultural Cooperative (F, G, and H) account in the name of the Defendant, or made up KRW 1,70,00 in total from around July 26, 2013 to around November 30, 2015 to KRW 50,50,000 from time to time by embezzlement.

Accordingly, the Defendant embezzled the property amounting to KRW 107,534,010 owned by the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of the defendant (including each statement of C, L, or M);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the list of embezzlements, arrangement of bankbooks, details of each account transaction, and attempted details;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning criminal facts;

1. The basic area (one to three years) (one year) based on the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the basic area of the punishment (the amount between KRW 100 million and KRW 500 million)

2. Circumstances favorable to the determination of sentence: this case;