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(영문) 광주지방법원 목포지원 2017.06.16 2017고단418

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the representative of the “Limited Company C” in the Southern Cancer Group B, and is a person who performs overall control over the affairs of the said company.

On January 28, 2014, the Defendant received steel plates necessary for cutting processing from the victim D Co., Ltd., and supplied cut steel plates after receiving processing expenses, and concluded a contract for cutting processing with the victim with the content that the remaining materials and scrap generated in the process of cutting should also be returned to the victim.

From May 2016 to November 2016, the Defendant: (a) processed steel plates supplied by the injured party under the aforementioned contract; and (b) disposed of the residual scrap 118,452 g for the injured party on his/her own property, such as E, in order to raise the operating expenses of the company during the course of business storage for the injured party.

Accordingly, the Defendant’s total market price of KRW 24,810,178 as indicated in the facts charged is clear that the “24,819,178 Won” is a clerical error in the “24,810,178” as stated in the facts charged. As such, the Defendant’s correction is made as above.

A considerable amount of scrap scrap 118,452 kh embezzled.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a contract, a basic contract for material transactions, and the settlement of scrap scrap;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime and reflects the instant crime; and (b) the amount of damage can not be deemed to be a large amount; (c) there are circumstances to be considered in the course of the instant crime; (d) the fact that the Defendant agreed with the victim only during the instant trial; and (e) the fact that there was no history of punishment for the same crime.