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(영문) 부산지방법원 2013.04.24 2012고단4440

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 7, 2009, the Defendant entered into an entrustment contract with the victim Dong-Jow presses Co., Ltd. and Busan Central Business Office on behalf of the victimized Company, and delivered the cargo to the victimized Company by receiving the cargo from its customers, and deposited the cargo into the victimized Company by receiving the transportation fee.

On September 17, 2010, the Defendant received KRW 5,809,00 from the customer B (mutual C) of the damaged company at the above Busan Central Business Office located in Busan Dong-dong 68-58 on September 17, 2010, and thereafter embezzled the transportation charges of KRW 35,186,400 on five occasions from November 12, 2010, as shown in the list of crimes in the annexed crime list, while receiving transportation charges of KRW 35,186,40 on five occasions for the damaged company, and without depositing the transportation charges to the damaged company for any personal purpose, such as operating expenses of the above business office, around that time.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 356 and 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;