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(영문) 울산지방법원 2013.05.02 2012고단3104
업무상횡령
Text

A defendant shall be punished by imprisonment for four 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

The defendant is a person who works as a business director of the B stock company at the time of Yangsan and is engaged in the business of the repair business.

On March 1, 2012, around March 1, 2012, and around March 10, 2012, the Defendant: (a) received a request for repair from the victim EFF Co., Ltd. on two occasions; and (b) took custody of 16 vehicles for EFF Co., Ltd., on March 2012, the Defendant embezzled ten out of 10,300,000 won for the victim’s possession of 21,238,810 won.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence was not yet actually reimbursed for damages (the following reason for sentencing) yet, in a related civil lawsuit (the claim for damages) between the victim company and the victim company, the defendant and the affiliated company have been jointly and severally adjusted to make installment payments of 16 million won, the victim company’s change in the person in charge of the management of the victim company led to the remaining crime of this case, which led to some of the motives, and it is difficult to accurately calculate the value of the damaged goods as a medium and medium wave, and the sentencing guidelines for the embezzlement crime are taken into account.

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