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(영문) 창원지방법원 2014.07.04 2013고단3781

업무상횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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

The defendant worked as the factory site of the victimized Company C in the window B of Changwon-si, the defendant took overall charge of the material management affairs of the above factory, and D supported the material management affairs as the vice head of the victimized Company.

1. The Defendant and D co-principald the Defendant and D conspired to dispose of plastic materials of the victimized company to use them as living expenses, etc.

At around 05:00 on June 25, 2009, the Defendant and D embezzled the door of the material warehouse using the keys kept in the office of the company at ordinary level, and embezzled it with a total of 13,0280,000,000 won of plastic materials ABS pulverververververververververververververververververververververver and 1,000 kilograms of PPulververververververververververververververververververververververververververververververververververververververververververververververververververververs., the Defendant and D embezzled it on 39 occasions from the above date to February 20, 2013, with a market price of 10,000,000 won.

2. At around 06:00 on the date of November 3, 2010, the Defendant’s sole criminal defendant embezzled the door of the material storage using the key in the materials storage of the above victim company’s office at ordinary level, as follows: (a) as for the above victim company, the Defendant used the key in the materials storage at ordinary level; (b) as for the foregoing, as for the PP p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p p

Summary of Evidence

1. Statements made by the defendant in court, and those made D in the third trial records;

1. Application of the Act and subordinate statutes No. 1-15, 17, 18, 29, 30, 32, 33, 35, 36, and 40

1. Relevant Article of the Criminal Act and each occupational embezzlement of the choice of criminal punishment (Articles 356, 355 (1), and 30 of the Criminal Act) and choice of imprisonment with labor.