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(영문) 수원지방법원 성남지원 2013.12.06 2013고단1754

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, from January 1, 2008 to February 18, 2013, was engaged in the sale of wood products and the collection of wood, as the head of the business department of the "F" of the victim D in Gwangju City, which actually operated by the victim D in Gwangju City.

On April 7, 2009, the Defendant sold the wood owned by the victim at an irregular place and embezzled the sum of KRW 193,597,710 in the same way, as indicated in the crime list, from around January 10, 2013, by arbitrarily consuming the total of KRW 193,597,710 in the same way, when he/she arbitrarily consumed the wood owned by the victim for personal purposes, such as living expenses, in around that time, while he/she was in the occupational custody of the victim for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 32 (1) 3 and 32 (2) and 25 (3) 3 of the Act on Special Cases concerning the Improvement of Lawsuit, etc. of Application for Compensation (the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal procedure);