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(영문) 수원지방법원 평택지원 2016.08.04 2014고단1262

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant has been engaged in the business of purchasing and selling oil from the aforementioned company as an employee of E (F around November 15, 2013) operated by the victim D in Pyeongtaek-si from April 2013 to May 2014.

From April 2013 to May 12, 2014, the Defendant sold oil purchased at KRW 340,156,400 in total from a purchaser, such as NAE, etc., to a seller at the place of business, as indicated in the daily table of sale proceeds in attached Table 1 (only once a year is amended to April 3, 2013) at the said place of business, and then sold the oil purchased at KRW 340,156,400 in total from the purchaser, such as NAE, etc., to the seller, the Defendant voluntarily consumed the remainder for personal use by paying the sales amount to the victim or using it as the oil value, etc. for business purposes.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to check details of transactions on free savings, tax invoices, liquor cards, account transaction details, electronic tax invoices, and reference materials for reporting value added tax;

1. Relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act on the grounds of sentencing (a comprehensive determination of imprisonment), in violation of trust relationship, the Defendant embezzled large amounts of money (an embezzlement amount based on the first charge recognized by the Defendant amounts to KRW 5,459,00,000,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,0000,000,000,000,000,000,000,000,000

Accordingly, the victim is strongly punished for the defendant.

Accordingly, the sentence shall be determined as ordered in consideration of all the factors of sentencing, such as the type of the crime, the estimated amount of embezzlement, the occupation, age, family relation, etc. of the defendant.

crime.