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(영문) 춘천지방법원 원주지원 2012.11.27 2012고단774

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of alcoholic beverage sales business and sales proceeds collection business while working as a business member of the victim D Co., Ltd. in the prime city from March 2003 to April 31, 201.

From October 205 to April 201, the Defendant sold alcoholic beverages owned by the victim to the liquor-handling facility located in F, such as the prime Ecafeteria, etc., and received KRW 63,056,327 from the above liquor-handling facility to keep the above money for the victim as a business. At around that time, the Defendant deposited KRW 62,725,495 won to the victim, and deposited KRW 330,832 from around October 2005 to around April 201, the Defendant voluntarily consumed the remainder of KRW 330,832 from around October 2005 to around April 30, 208, sold alcoholic beverages owned by the victim from the above liquor-handling facility to the above liquor-handling facility with KRW 5,577,160,227, and received the above money for the victim from the above liquor-handling facility to around October 2005 to about April 38, 2015, deposited the above money in total with KRW 33035,384,53030,500

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Letter of payment;

1. Application of Acts and subordinate statutes to report on investigation (a specific investigation of embezzlement amount);

1. As long as the amount of embezzlement of this case on the grounds of sentencing of Article 356 and Article 355(1) of the Criminal Act, which is applicable to the pertinent provision of criminal facts and Articles 356 and 355(1) of the Criminal Act, exceeds KRW 200 million, and the damage recovery has not been recovered, the sentence of sentence against

However, in full view of all kinds of sentencing conditions, such as the fact that the defendant's mistake is divided, the auction procedure is expected to be completed for the real estate owned by the defendant, and there are no criminal records of the same kind and suspended execution, it is ordered within the scope of the sentencing guidelines.