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(영문) 광주지방법원 순천지원 2014.11.05 2014고단1444

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2014 to April 2014, the Defendant, as a member of the business of the limited liability company C, who is the victim of Mayang-si B, from January 2014, engaged in the delivery and collection of alcoholic beverages of the said company.

The Defendant, around March 11, 2014, collected KRW 1,00,000 for alcoholic beverages from E located in Mineyang-si D and embezzled the amount of KRW 10,616,540, total of the amount of money stored in business for the victim by using the same method for 22 times, such as in the annexed crime list, from around that time to April 2, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement of transactions in the agricultural bank account in the name of a suspect A, and a certificate of confirmation prepared by each customer business owner;

1. A list of crimes;

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

1. Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable Articles of law and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] : 4 months to 1 year and 4 months; - General person who has no record of criminal punishment (decision of sentence]; the defendant has no record of criminal punishment; the defendant has no record of being punished for a crime; and the amount of damage.