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(영문) 대전지방법원 2014.05.12 2013고단4948
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From September 2010 to January 31, 2013, the Defendant served as a member of the “D” operated by the victim C in Daejeon Dong-gu, Daejeon and has been engaged in the sales and collection of goods of the said company.

From September 2010 to September 30, 201, the Defendant sold D products to E, a customer of the said D, and collected KRW 4,132,00 from E for the victim and embezzled them for personal purposes, such as living expenses, etc. around that time.

In addition, the Defendant arbitrarily consumed the total amount of KRW 51,300,000 from the time to the end of January 2013, and embezzled the total amount of KRW 51,30,000, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a complaint (including a copy of a certificate of custody in cash from a person attached thereto);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the full agreement with the victim, the fact that the defendant has no specific penalty power in addition to the fine, and the fact that the defendant reflects the mistake);

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