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(영문) 의정부지방법원 2013.09.17 2013고단2430

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Jung-gu District Court on May 31, 2013, and the above judgment was finalized on June 8, 2013, and the victim G operating the Friju station at Jung-si around November 8, 2010, supplied the Defendant with the oil, such as gasoline, light oil, and light oil, to the buyer designated by the Defendant while being supplied the said oil, while keeping the said oil for the victim, and entered into a contract on the storage and consignment sale of the said oil with the victim, and then, around June 22, 2012, the Defendant arbitrarily supplied the victim with the list of 20,000 liters via the victim’s consignment from the victim’s time to June 26, 2012, and provided the victim with the victim’s personal intermediary’s name at his own discretion and 30,3037,307,20,37, etc. of the victim’s sale.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of interrogation of the defendant (the second, the second, and the second) G statement

1. Each police statement of G and H;

1. The reservation note for storage and the consignment deposit account book;

1. Previous convictions indicated in the judgment: Impositions before and after the disposition, reports on the results of confirmation, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution shows the attitude of the Defendant to make a confession of and repent into crimes, and Article 62(1) of the Act on the Control of Illegal Checks which have become final and conclusive as concurrent crimes and operates a D station.

In the situation where the project is difficult, the victim's oil and the defendant.