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(영문) 수원지방법원 여주지원 2014.05.26 2014고단160
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From May 10, 2009, the Defendant has been serving as a general manager at the central daily bulletin D Distribution Agency operated by the victim C in Busan-gun from May 10, 2009.

Around September 2009, the Defendant collected KRW 8,665,71,000 from the subscription fees of KRW 7,921,00 and the former part of KRW 150,000 for personal expenses of the Defendant’s living expenses and personal debt repayment, etc. Around that time, the Defendant used KRW 3,665,710 for personal purposes such as the Defendant’s living expenses and personal debt repayment. Around October 2009, the Defendant collected KRW 8,000 for personal expenses of KRW 7,852,00 and the former part of KRW 200,00 for personal expenses of the Defendant’s living expenses and personal debt repayment, etc. Around that time, the Defendant used KRW 6,213,970 for personal purposes such as the Defendant’s living expenses and debt repayment, and used KRW 7,142,00 for personal expenses of the Defendant’s living expenses of KRW 7,00,740,700.

Accordingly, the Defendant consumed a total of 14,587,680 won in mind and embezzled the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of Acts and subordinate statutes on trading lists;

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

1. It is so ordered as per Disposition in consideration of the fact that the reason for sentencing under Article 62 (1) of the Criminal Act has been repaid and that agreement has been reached with the victim;

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