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(영문) 인천지방법원 2013.07.04 2013고단3330

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

The defendant is a person who exercises overall control over the sale of fish and shellfish and the collection of fish and shellfish as a whole by the victim B (representative C) corporation.

On January 7, 2010, the Defendant supplied fish and shellfish to E, which is a business partner of Bocheon-si, and received KRW 20 million and embezzled all of the cost of living expenses, etc. around that time while being kept for the victim company, and embezzled them by the same method from September 9, 2010, as shown in the annexed List of Crimes, from that time until September 9, 2010, the Defendant embezzled KRW 56,950,000 for the sales price of goods received from the above E in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 356 and 355 (1) of the Criminal Act (each occupational embezzlement and each choice of imprisonment);

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (i.e., the fact that the defendant both acknowledges the facts charged and reflects the depth of the charges, the same kind and heavy criminal records, and the fact that the victim agreed with