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(영문) 의정부지방법원 2016.07.21 2015고단1160

업무상횡령등

Text

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

Reasons

Punishment of the crime

The defendant of "2015 senior group 1160" is a person who has been in charge of the sales of flowers seeds and the management of royalties as a seed selling company's business member.

On October 1, 2013, the Defendant received 2.7 million won of the victim’s seed payment from his business partner D from his business partner D to his corporate account, and received the money from the Nonghyup Bank under the name of the Defendant to his corporate account in lieu of remitting it to the corporate account, and then wrongfully used it as a gold of private sports discussions around August 29, 2014 during his business custody, and embezzled 51,23,500 won of the victim’s total transaction amount in the same manner as the attached crime sight table, as in the attached list of crimes.

on April 8, 2015, the Defendant: (a) on April 8, 2015, at “G hotel” where the Defendant working in the G hotel F in the Gyeonggi-si, the Defendant: (b) opened a string and opened a string by using a gap in which surveillance is neglected from a very serious view; and (c) KRW 1.410,000 in cash in the management of the victim H and KRW 80,000 in cash owned by the victim I; and (d) KRW 2210,00 in cash in total.

In other words, they stolen them.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police to J;

1. Each statement of H and I;

1. A complaint, a written confirmation of additional damage, and a written statement of additional damage;

1. A detailed statement of each entry and withdrawal transaction, additional data submitted by each complainant, and a detailed statement of transactions;

1. Application of statutes on site photographs;

1. Articles 356, 355 (1) (a point of occupational embezzlement) of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;