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(영문) 대구지방법원 의성지원 2013.07.04 2013고단74

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From August 20, 2010 to August 6, 2011, the Defendant, who operated the F&C factory in Daegu-gun E with the victim C, D, and the same business, has been engaged in the operation of the F&C factory and the distribution of profits.

The Defendant, from around August 20, 201 to August 6, 2011, deposited part of the proceeds of the above maintenance plant from the above maintenance plant and from G’s account in the name of G (H) that is the operating account of the above maintenance plant, deposited in the account (I) or kept in cash and stored for business purposes. From September 2010 to July 201, the Defendant embezzled the proceeds of the above maintenance plant by consuming the proceeds of KRW 30,000,00 in total of the proceeds of the above maintenance plant in mind, as if he did not have worked in the above maintenance plant, from around July 201 to July 201, the Defendant paid the victims a daily amount of KRW 16,50,000 as if he did not appear to have worked in the above maintenance plant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D and G;

1. Each police statement to K, L, and J;

1. Investigation report (the details of passbook transactions); and

1. The receipt attached to the third police interrogation protocol against the defendant (the investigative record No. 461 pages);

1. Application of the Acts and subordinate statutes of the real estate lease contract and the detailed statement of advance payment transactions;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

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

1. Imprisonment with prison labor for a period of one month to ten years;

2. Application of the sentencing guidelines [Determination of types of punishment] Embezzlement Offense of Embezzlement Offense of Breach of Trust, Type 1 (less than KRW 100 million) / Basic Field of Punishment / 4 months to 1 year and 4 months [the person under general supervision] / There is no agreement [the main reason for negative reference of suspended execution / there is no positive reason for negative reference of suspended execution / [the reason for negative general reference of suspended execution ] no effort to recover damage [the reason for positive general reference of suspended execution]

3. Determination of sentence: