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(영문) 광주지방법원 목포지원 2014.02.07 2012고단2011

업무상횡령

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From August 5, 2010 to April 2012, the Defendant, as a director, was in charge of the purchase of the chip of the said union from the victim K Farming Partnership in the Republic of Korea-U.S.J.J.

On August 9, 201, the Defendant arbitrarily used 59,459,000 won in total over 14 times from April 24, 2012, as shown in the annexed Table of Crimes, from the date of using working expenses, etc. equivalent to KRW 2,00,000, which is owned by the victim from M, to the Defendant’s agricultural bank account. The Defendant used for the victim’s personal purpose, such as living expenses, at a place in the same day and in the same place, from that time, from that time to April 24, 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Each legal statement of witness N,O, P, and Q;

1. The first prosecutor's examination protocol (including the part concerning theO's statement) against the defendant partially;

1. N or P statement made to the accused in the second interrogation protocol of the prosecution;

1. Statement by the prosecution concerning P;

1. N or P statement in the fourth police interrogation protocol against the accused;

1. Each police statement of theO;

1. R certificates;

1. Investigation reports (S and telephone conversations details), investigation reports (Attachment to the details of entry into and departure from agricultural partnerships);

1. The Jeju Farm Co., Ltd. argues to the effect that: (a) the Defendant received money from each of the items in the list of crimes from the Defendant’s personal account; (b) the details of the remittance from the Defendant; (c) the status of the payment of seeds; (d) the statement of common deposits; (c) the statement of transactions of general deposits; (d) the data on the account of the suspect’s account; (c) the details of remittance; (d) the data on the criminal facts6; (e) the details of remittance; and (e) the details of the remittance; and (e) the data on the 11 year seed purchase status; and (e) the facts that the Defendant received money from the Defendant’s personal account; and

(1).