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(영문) 광주지방법원 순천지원 2013.12.05 2013고단1840

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

except that 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, from March 2012 to November 2012, 2012, has been engaged in the business of selling and collecting the price of interior materials, such as decoration, remote areas and other days, operated by the victim C in Changwon-si, the Defendant, as a business member of the “D”, and has been engaged in the business of selling and collecting the price thereof.

On March 16, 2012, the Defendant: (a) released 242,50 won in total at the market price, and sold chip tapes in the name of the said company under the name of “E”, which is a trader; and (b) sold chip tapes to F who runs the techip management and construction business in the name of the said company; and (c) around that time, the Defendant voluntarily consumed the Defendant’s living expenses, entertainment expenses, etc. while receiving the payment from the said F and then being kept for the victim.

In addition, from March 16, 2012 to October 9, 2012, the Defendant released interior materials from the foregoing D office, such as the market price of KRW 17,69,500, in total, from 17,69,500, in the name of selling them to 20 trading companies, such as the list of crimes in the attached list, and sold them to the tegrative or personal service companies.

From March 16, 2012 to November 28, 2012, the Defendant embezzled KRW 17,695,500, and KRW 240,00, total sum of KRW 17,935,50, and KRW 17,500, and KRW 240,000, and KRW 17,935,50, and KRW 500, while each of the materials was stored in the account under the name of the Defendant for the victim, from around the day of sale to November 28, 2012, the Defendant arbitrarily consumed the Defendant’s living expenses, amusement expenses, etc. from the Changwon-si, a day after the respective deposit date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A list of savings deposit transactions;

1. A trading place;

1. A criminal investigation report (verification of the current status of collection of prices for goods of a suspect);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;