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(영문) 전주지방법원 2016.08.11 2015고단1574

횡령

Text

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

Reasons

Punishment of the crime

[2015 Highest 1574] Around March 7, 2007, the Defendant entered into an agency contract with the victim C Co., Ltd. located in Changwon-si B. However, on March 21, 2013, the Defendant terminated the agency contract and transferred 40 Ptototo the damaged company.

On March 20, 2013, the Defendant deposited 74,839,768 won, which was sold from March 21, 2013 to the Hamanman on the part of the Defendant’s “E Company Songjin-gu, Seoul Special Metropolitan City, in order to deposit the proceeds from the Defendant’s “E Company Songcheon-gu, Seoul Special Metropolitan City,” and embezzled KRW 21,306,182, which was arbitrarily used as office operating expenses or employees’ monthly wage, etc., while the Defendant kept 74,839,768 won, which was sold from March 21, 2013 to the Haman, from May 201, 2013.

[2016 Highest 739] Defendant is a person who operates an Obaco agency in the name of “C” from Jeonjin-gu Seoul Metropolitan Government.

Around March 10, 2015, the Defendant: (a) agreed at the Oraba agency operated by the Defendant; (b) agreed to deposit the proceeds from the Defendant’s Defendant’s purchase of the damaged Company by selling the Orabab owned by the victimized Company; (c) on March 19, 2015, at the entrustment of 20 Oraba 20s, the Defendant embezzled the proceeds from 19 out of 19 to the first patrol officer from April 2015 to June 2015, using the proceeds of 2,980,000 won received for the victimized Company by using the Defendant’s personal debt repayment and living expenses.

Summary of Evidence

[2015 Highest 1574]

1. Statement made by the prosecution with regard to G;

1. A defendant's written confirmation;

1. A complaint, a detailed statement of transactions, and an agency contract (2016 order 739);

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint, a detailed statement, a consignment sales contract, and a statement of payment for goods;

1. Application of the Acts and subordinate statutes to the investigation report (Submission of the details of embezzlement of sales proceeds of erroneous earth and sand);

1. Article 355 of the Criminal Act of this Act and the choice of punishment for the crime

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