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(영문) 서울남부지방법원 2016.01.20 2015고단4721

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 16, 2009, the Defendant entered into an entrustment contract with the victim C Co., Ltd. (former D Co., Ltd.) on the transportation of alternative cargo, and agreed to collect, deliver, and collect transportation fees from the customer while operating the “Ocheon History Business Office” located in Seocheon-si, Seocheon-si, to deposit the full amount of transportation fees with the victim, and then receive fees from the victim.

Nevertheless, the Defendant, at around May 2010, embezzled KRW 49,95,150, the sum of the transport charges collected from the customer as stated in the attached crime list from May 2010 to January 201, as seen above, using the money collected from the customer as the means of the above, while collecting KRW 82,50,00 from the customer’s business, and using the money collected from the customer for the victim’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement protocol by the police for E;

1. Details of each customer bond and detailed transactions on the market;

1. The details of accounts of each Saemaul Treasury, the details of accounts of national banks, and the details of accounts of post offices;

1. Brokerage contracts for a place of business;

1. A plan for repayment of each attempted bond;

1. Court rulings;

1. Application of statutes, such as certification of contents;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Four months to one year and four months from the scope of imprisonment with prison labor on the sentencing guidelines (the embezzlement and breach of trust, the group of types 1 (less than KRW 100 million), and the basic area);

2. The defendant has the same criminal history to determine a sentence, and the amount of damage from the crime of this case is also low;

Although it is not possible to do so, the defendant shall enter into an entrustment contract with the victim and operate a door-to-door sales office, and shall make up for operating expenses, etc. due to aggravation of management conditions due to the burden of accident processing.