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(영문) 서울남부지방법원 2017.05.02 2017고단611
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who worked as a staff member in charge of fishery products entry, withdrawal, and collection from D'D operated by the victim C to October 2013 to August 27, 2016.

1. Embezzlement of frozen fishery products;

A. On March 4, 2015, the Defendant: (a) placed 'D’ freezing fishery products storage in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, the date from March 201 to April, 201; (b) sold to the Defendant, having one stuffed in freezing 340,000 won at the market price owned by the victim; and (c) sold to the Defendant on his/her name un

B. From October 17 to 18, 2015 to store the above fishery products, around 10: (a) with a freezing of 10 1,700,000 won at the market price owned by the victim and selling them to the fishery product business operators with nameless fishery products;

C. Around November 2015, at a warehouse for the storage of the above fishery products, the victim’s market price was 850,000 won in freezing 5 boxes, which is the victim’s possession, and the victim’s property was embezzled by selling it to the fishery products business operators under his/her name.

2. On January 20, 2014, the Defendant embezzled the victim’s property by voluntarily consuming the sum of KRW 54,447,000 from July 30, 2016, from that time to July 30, 2016, even though the Defendant received KRW 340,000 from “D” joint markets, from “F,” which is the trading partner, in spite of the receipt of KRW 340,00 from “F of the sales proceeds of fishery products,” the Defendant embezzled the victim’s property without delivering it to the accounting officer.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of written confirmation, trade books CD-related Acts and subordinate statutes;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 1 (less than KRW 100,00) basic area (from April to January 4) of the scope of the recommended punishment: None of them;

2. The decision of sentencing refers to the defendant who has led to the confession of a crime and reflects against him, and the fact that there is only one kind of fine before and only one time is favorable to the defendant.

(b) however,

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