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(영문) 수원지방법원 2017.11.30 2017고단6558

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From December 4, 2014 to December 1, 2016, the Defendant: (a) served as the head of headquarters in the Victim C Co., Ltd (hereinafter “victim Co., Ltd”); (b) served as the victim Co., Ltd. (hereinafter “victim Co., Ltd”; (c) and (d) obtained a delivery of the victim Co., Ltd.’s company’s market price of KRW 17280,000,00, and used it for business purposes; and (c) has been kept in custody for the victim company; (d) from December 1, 2016 to December 1, 2016, the Defendant embezzled the Victim Co., Ltd., Ltd. (hereinafter “the victim Co., Ltd”); and (d) embezzled the Victim Co., Ltd. for business purposes by denying the request without justifiable grounds.

2. On February 20, 2017, around 14:31, 201, the Defendant: (a) went to the warehouse of the victim company located in Seoul Special Metropolitan City; (b) opened an entrance using the unmanned security system access card that was not returned to the victim company; and (c) intruded into the warehouse; and (d) opened an entrance using the unmanned security system access card; (b) opened a half of the total market price of the victim company owned by the victim company; and (c) cut off by means of half of KRW 2,625,60, the sum of market price of the victim company owned by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each investigation report (to hear statements by each reference witness, hear statements by reference witness F phone, submit a statement of accounts by reference witness, hear statements by the defendant -G, hear statements by GF, hear complaints by complainant - statement by stolen items, and confirm the point of time of placing orders);

1. Each e-mail output and settlement statement;

1. Visual photographs of e-mail and mobile phone screen pictures, photographic pictures of unmanned cameras, photographic pictures of Cost set vehicles, and photographic pictures of security cards;

1. Application of the Acts and subordinate statutes on registration certificate and records withdrawn by the defendant;

1. Relevant Articles 356, 355(1) (the occupation of occupational embezzlement), 319(1) (the occupation of intrusion on a structure) of the Criminal Act, and Article 329 of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.