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(영문) 전주지방법원 군산지원 2018.01.26 2017고단1320

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from February 20, 2012 to June 30, 2014, was engaged in the delivery and collection of alcoholic beverages from the victim limited liability company C, which was located in the victims limited liability company of the victims of the sexual traffic B.

On December 31, 2013, the Defendant received KRW 1 million for liquor payment from the E’s F restaurant located in Suwon-gu, Suwon-do, Suwon-do, and used the said money for personal purposes, such as living expenses, etc. around that time. From that time, until June 30, 2014, the Defendant used money and valuables of the victim amounting to KRW 26,618,139 in total, on 23 occasions, as indicated in the list of crimes in the attached Table, for personal purposes while carrying out his/her duties.

As a result, the defendant embezzled the victim's property while he has been in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of each written confirmation;

1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the fact that there is no heavy criminal history, total amount of damage, and deposit of 5,00,000 won to the victim) or more;