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(영문) 창원지방법원 마산지원 2013.07.24 2013고단202

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2008, the Defendant has been working as a member of the business of the (E) Nam-gu Incheon Metropolitan City, and has been engaged in business such as transferring drugs to (E) after receiving the price from each business partner.

The Defendant, while engaging in the foregoing duties, did not transfer the price for each drug from the Customer to (E) who did not transfer the price for the personal use, and collected 2,000,000 won from G Hospital located in the Sinsan-si, Changwon-si, Changwon-si, Seoul, and deposited 2,00,000 won as the price for the medicine for the said company, and deposited only part of the amount to the said company for the said company, and consumed 394,350 won for the personal use, such as the cost of living, at will, at around that time, from the KRW 394,350.

From around that time to June 30, 2012, the Defendant embezzled the sum of KRW 50,193,957, out of the drug prices received from 14 trading companies, such as the list of crimes in attached Form 14.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement of H;

1. Application of Acts and subordinate statutes of each investigation report;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 20 million won has been deposited for the repayment of damage, offset against retirement pay, joining guaranteed insurance