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(영문) 의정부지방법원 2015.04.22 2014고단806
업무상횡령등
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

From April 9, 2011, the Defendant has been working as a business member of the company called the “E” in the operation of the victim D who sells the original group located in Jongno-gu Seoul Metropolitan City C market B 4065-1 from April 9, 201, and has been engaged in the original sale and the collection of money.

On June 25, 2012, the Defendant sold a garment store to G operating the clothing store in the Dongdaemun-gu Seoul Metropolitan Government F market, and transferred 3,150,000 won as the price to one bank passbook under his/her name, and used it for personal purposes at the city of Seoul around that time.

From around that time to March 8, 2013, the Defendant embezzled the proceeds from selling the original group in the same manner as indicated in the attached list of crimes, using 28,294,500 won, which was transferred over 36 times, and used the proceeds from selling the original group in the same manner as indicated in the attached list of crimes, in the course of performing his/her duties, to consume in the area of Si, Seoul, or to fully

On March 8, 2015, the Defendant driven H Kanche vehicle in the state of approximately 100 meters in blood alcohol content 0.087% without the driver’s license from the front of the 52 Blusi-dong 52 Blusidong to the same road from March 8, 2015 to the same 1566.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. Investigation report by the prosecution (to hear statements by the complainants);

1. Report on the situation of driving without a license, report on the situation of driving without a license, report on the control of driving without a license, and report on the circumstantial statement of a drinking driver;

1. Application of statutes to a copy of a statement of transactions by banks;

1. Relevant Articles 356 and 355 (1) of the Criminal Act for the crime concerned, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for choice of punishment;

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

1. Suspension of execution;

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