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(영문) 서울중앙지방법원 2017.05.25 2017고단2160

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has served as a victim (ju) E member of the re-sale chain with sea operated by D from around June 2006 to June 2015.

The defendant is an employee of the above company and is engaged in the business of preserving the sea for the victim company, and around May 4, 2015, the sea of the victim company located in the Dongjak-gu Seoul F market G around May 4, 2015, the sea of the victim company located in the Dongjak-gu Seoul Metropolitan Government F market G does not amount to 120,000 won in total market value.

and immediately send it to the Seoul High-speed Bus Terminal through a door-to-door engineer

120,000 won was transferred to the Agricultural Cooperative Account in the name of the Defendant on the same day after delivery to I residing in the Republic of Korea, in the letter of express bus baggage, and the sales amount was transferred to 120,000 won on the same day.

In addition, the Defendant embezzled the total sum of KRW 16,920,000 on 49 occasions, including the sale or transfer of the sea of the victim company without compensation, from January 3, 2012 to May 20, 2015, the Defendant arbitrarily embezzled the total sum of KRW 16,920,00,00 from around 49.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Account transactions (the list of evidence Nos. 31, 32, 34);

1. Application of Acts and subordinate statutes of NA to the police interrogation protocol, protocol of suspect interrogation, J, K, L, and police statements of each police protocol of each police station against M,O, P, investigation report (Evidence Nos. 36, 37, 83, 98);

1. Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Class 1 (100 million won or less) of Class 1 (100 million won or less): In a case where considerable damage was restored to the damaged area (1 month or October): the Defendant, while selling the sea at the victim company, used that it was difficult to grasp the daily standard inventory and repeated the crime of trust for a considerable period of time.

The defendant.