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(영문) 울산지방법원 2015.11.13 2015고단1052
업무상횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who is engaged in the management of automobile-scrapping while working as a manager in the business of scrapping place that is called joint stock company D in Yangsan-si.

Around June 2, 2012, the Defendant accepted about 50,000 automobile-scrappings, which had been kept in custody at the same time, sold 37,00,000 won of the aggregate of 17,20,000 won to the said F in the following manner, from June 8, 2012 to November 9, 2012, while being entrusted with the management of the said automobile-scrappings and kept the said automobile-scrappings for the victim for the sake of the victim, the Defendant: (a) sold the said automobile-scrappings in custody for the victim; and (b) sold the said money to the said F in mind for personal use, such as entertainment expenses, as shown in the annexed list of crimes, from that time until November 9, 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E, F, and H;

1. A complaint;

1. Sales contract, a statement of account transactions, a statement of account transactions with a suspect agricultural bank, a vehicle purchased from the defendant, a transfer management report, or a purchase (Embezzlement vehicles for this case);

1. Application of Acts and subordinate statutes to investigation reports (attached to the details of transactions of suspect farming insurance accounts);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (4-100 million won) (4-1-4 months) [decision of sentence] Defendant is unable to agree with the victim; Defendant’s disposal of scrapping of this case at a price lower than the market price is expected to have more actual amount of damage than the amount written in indictment; Defendant’s crime makes it difficult for the victim to operate a scrapped area.

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