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(영문) 수원지방법원 안양지원 2013.10.29 2013고단1108

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

(State) On January 11, 2012, the Defendant was entrusted with the purchase of one truck from the Victim BJ as the actual operator of BH and (State)BI, and was transferred from the Victim P to the Agricultural Cooperative account in the name of the employee P, in the amount of KRW 130 million.

The Defendant, while keeping the above purchase price for the victim, embezzled 45 million won out of the above 130 million won, at around that time, using the Defendant’s business activity expenses, the company’s probation money, and the number plate price, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the defendant, BK, and B;

1. Protocol of each police statement of the BJ and P;

1. Application of Acts and subordinate statutes to a complaint (including the parts attached to a copy, etc. of the consignment management contract) and each investigation report;

1. The amount of damage caused by the relevant Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts is reasonable, and the criminal investigation agency denies the sentence, and it is inevitable to sentence a sentence on account of much unfavorable circumstances, such as not showing any particular interest in compensating for damage;

The term of punishment shall be determined in consideration of all the factors of sentencing, such as the fact that a sentence has already been imposed on a similar case.