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(영문) 부산지방법원 2015.07.10 2015고단838

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, from June 2007 to January 201, 2014, was a director in charge of purchase of a company E located in New York D, who performs overall control over the purchase of goods by the said company.

1. Around July 20, 2011, the Defendant: (a) within the foregoing E office around July 20, 201; (b) voluntarily requested “G” in charge of manufacturing the above E admission tickets; and (c) supplied 7,000 copies of the above 7,00 copies of the 7,00 copies of the 7,00 copies of the 7,00 copies of the 7,00 copies of the 7,00 copies of the 7,00 copies of the 73,920,000 copies of the 73,920,000 won of the sales revenue.

Accordingly, the defendant embezzled the property of the damaged company that was kept in business.

2. On February 1, 2013, the Defendant: (a) requested the production of 20,000 admission tickets of the victimized company E within the said E office on or around February 1, 2013; (b) received them; and (c) kept 5,000 of the above 20,000 admission tickets of the victimized company E; and (c) distributed 191,625,000 sales proceeds to a large number of restaurants, churches, or boats located in the New York around that time; and (d) used them in mind.

Accordingly, the defendant embezzled the property of the damaged company that was kept in business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of H;

1. Complaints, specifications of orders, resignation, and e-mail;

1. Copy of the recovered admission ticket;

1. Application of Acts and subordinate statutes to the investigation report (the amount of embezzlement specified);

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The sentence of imprisonment shall be imposed on the grounds [the scope of recommendations] for the sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act that aggravated concurrent crimes, and there are no basic area (1 to 3 years) (1 to 50 million won) (1 to 10 million won) in the basic area (1 to 3 years) [the person who has been specially punished] [the decision on the sentence],

However, the criminal history of the defendant is the criminal history.