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(영문) 서울동부지방법원 2015.01.15 2014노1359

업무상횡령

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant, the Prosecutor was examined ex officio prior to the judgment on the grounds of appeal by the Defendant, and the last sentence of the facts charged by the Prosecutor was applied for the alteration of the indictment with the purport that “The Defendant, including the Defendant, received 69,810,400 won from the seller of the goods from around 182 times from around the beginning of May 2013, all of which, as shown in the list of crimes in the attached Table, the retail price of the goods was sold and the wholesale price was 25,597,570 won, which is the difference between the sales price and the sales price, and embezzled it by discretionary consumption of living expenses in Seoul, etc. in Seoul, etc. around that time.” Since this court permitted this and the subject of the trial was changed, the part of the judgment of the lower court on the premise of the initial

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is so decided as follows.

Criminal facts

The summary of the facts of the crime and evidence acknowledged by this court is that "the defendant, as well as the defendant, received 69,810,400 won from the seller of the goods from around 182 times from the beginning of May 2013, the last page (Evidence No. 140 pages) of the last page (Evidence No. 205,738,145 won - the amount of output No. 11,214,185 won - the amount of output No. 191,354,760 won) attached to the investigation report (Evidence No. 205,738,145 won - the amount of output No. 191,354,57,570 won supplied to the defendant from the seller of the goods from the beginning of May 2013.

25,597,570 won is voluntarily consumed as living expenses, etc. at Seoul Ga area around that time while keeping it for business purposes.