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(영문) 대구지방법원 서부지원 2013.05.31 2013고단491

업무상횡령등

Text

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

The defendant pays 9,884,669 won to an applicant for compensation.

Reasons

Punishment of the crime

The Defendant was sentenced by the Daegu District Court on February 13, 2009 to 10 months for occupational embezzlement, etc. and completed the enforcement of the said sentence in the Daegu Detention House on August 15, 2009.

1. The injured party C related to the Defendant is a person who has been engaged in the sales of Seodaemun-gu goods, sales proceeds, transportation, etc. in E in the operation of the injured party C from August 19, 2009 to April 15, 2010.

The defendant from January 2010 to the same year

4. Around 14. Around 14. Around the same day, after receiving phrases from G in the Gumi-si F, the business partner of the said agency, the amount of KRW 213,400, out of the amount of the money received for the victim was arbitrarily consumed under the name of living expenses, etc., as well as the total amount of KRW 9,884,669, out of the money collected from the business partner over 25 times, as shown in the attached Table 1 of Crimes List 1.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant related to the victim H is a person who had been engaged in the business of supplying cosmetic materials and receiving the sales proceeds thereof from January 2, 2013 to February 8, 2013 at the victim H managementJ located in Seo-gu, Daegu-gu.

Around January 7, 2013, the Defendant supplied a local pumps, which are cosmetic materials of the said victim, to the mutual incompetants of the said J, and received a deposit of KRW 180,000 from the said victims, and then arbitrarily consumed the said KRW 180,000 for the purpose of living expenses, etc. while being kept in custody for the victim on duty, and the same year from January 7, 2013 to the same year.

2. Until July 2, 200, a total of KRW 5,704,00,000, which was collected from customers, was arbitrarily consumed on 44 occasions in total, as shown in Appendix 2.

Accordingly, the defendant embezzled the victim's property.

B. Around January 5, 2013, the Defendant, at the J office of the operation of the victim in Daegu-gu, Seo-gu, the Defendant, “I would pay back to the victim the money if I lend the money.”