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(영문) 수원지방법원 안양지원 2014.05.08 2014고단56

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant served as a motor vehicle with the “F” located in Pyeongtaek-si E from October 2010 to February 2013, and was delegated by the victim G operating the said trading company with the duties concerning the trading of the used vehicle and the operation of the trading company.

Around January 20, 201, the Defendant purchased a new de facto truck of 11 ton of modern 2006 from the victim for the purchase of vehicles: (a) sold the said vehicle at a place unknown on or around January 28, 2011; and (b) embezzled KRW 29,00,000 out of the sales proceeds for the victim for personal consumption, etc. at his/her own discretion during the course of carrying out his/her business for the victim; and (c) embezzled KRW 29,00,000 from January 28, 201 to October 30, 2012 by arbitrarily consuming the purchase proceeds or sales proceeds of the vehicle for the victim in total ten times in total, as indicated in the attached list of crimes, from around January 28, 201 to October 30, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in G in the suspect examination protocol of the prosecution;

1. Each prosecutor's statement concerning G;

1. Each investigation report (including submission of an accusation book, a certificate of vehicle transfer, confirmation of the behavior of embezzlement of vehicle sales proceeds, etc., hearing of witness H telephone statements, and reporting on the results of tracking a suspect A account);

1. A copy of the membership status, certified copy of corporate registration, each motor vehicle registration certificate, each motor vehicle register, each certificate of automobile transfer, account book, used vehicle management register, and multiple copies; and

1. Details of transactions of self-reliance deposits, results of the transfer of deposits by account, details of account transactions, details of savings deposit transactions, and details of agricultural cooperatives' transactions;

1. Application of Acts and subordinate statutes, such as extracting the details of financial transactions related to one set of crime sight table;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act on the grounds of sentencing for the punishment of the crime of this case on the following grounds: (a) the crime of this case is in the basic area of the two types of sentencing criteria for the crime of embezzlement (at least KRW 100 million, less than KRW 500,000) (one year to three years).