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(영문) 춘천지방법원 강릉지원 2015.01.14 2014고단1036
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 6, 2012, the Defendant, from around March 6, 2012, received a substitute supply from the State (AC), a victimized company, and agreed to deposit the sales proceeds to the victimized company.

1. Around March 29, 2012, the Defendant received 1,371km from the victimized Company according to the above consignment agreement from F located within the E&D in the East Sea.

On the 30th day of the same month, the Defendant sold the above 1,371kg to G in the so-called Nowon-gu Seoul Metropolitan Government Labor Market for a total of 22,742,424 won, and embezzled the sales proceeds for personal purposes without paying to the damaged company.

2. On April 5, 2012, the Defendant received delivery 1,378 km from the victimized Company in accordance with the above consignment agreement from “I” located in H in the East Sea-si.

On the 6th day of the same month, the Defendant sold the above 1,378km to G in the so-called Nowon-gu Seoul Metropolitan Government Labor Market in total to KRW 26,817,217, and embezzled the sales proceeds for personal purposes without paying it to the damaged company.

3. On April 9, 2012, the Defendant received 1,258 km from the victimized Company in accordance with the aforementioned consignment agreement from the F andJ “F” located within the East Sea E&A.

On the 11th day of the same month, the Defendant sold the above 1,258 g to G in the so-called Nowon-gu Seoul Metropolitan Government Labor Market for a total of 28,218,670 g, and embezzled the sales proceeds for personal purposes without paying to the damaged company.

As a result, the Defendant embezzled total of KRW 77,778,311 on three occasions from the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the defendant to the public prosecutor

1. Application of the first and second police statement Acts and subordinate statutes to L;

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

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

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