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(영문) 광주지방법원 2019.09.25 2019고단2344

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around April 11, 2011, the Defendant entered the victim Dispute Resolution Co., Ltd. in Seocho-gu Seoul Metropolitan Government and worked as a domestic business group 2 group 1 set agent. From May 1, 2012, the Defendant has been engaged in semiconductor sales business in the area south of Gwangju Mine-gu D apartment and the Defendant's residence in the Gwangju Mine-gu, Gwangju, and E through home-based work.

1. The Defendant supplied semiconductor parts (G, etc.) equivalent to the market price of KRW 27,00,000 from Jun. 2, 2013 to Nov. 201 of the same year to a warehouse located in Gwangju Mine-gu, and stored for the said company for business purposes. At that time, the Defendant arbitrarily disposed of the said parts and consumed the said parts for its claim status.

Accordingly, the defendant embezzled the victim's property.

2. Around February 17, 2014, the Defendant, in the Defendant’s residence of the Defendant for D apartment E, was in the occupational custody of one of the above companies owned by the victimized company for the said company, at the market price of KRW 1,298,000, the market price of the said company, which was paid by the victimized company for business purposes. Around that time, the Defendant did not return it even though he received a request from the said company for return of the above Nompt, around April 4, 2014, while withdrawing from the said company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Data verifying the fact of requesting the return of Nowon-gu;

1. Application of Acts and subordinate statutes on scene of crime;

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below KRW 100 million [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, imprisonment with labor from April to April 14 months;

2. Determination of sentence - favorable circumstances: the defendant acknowledges his mistake, and the defendant.