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(영문) 서울북부지방법원 2013.10.02 2013고단1228
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who operates a door-to-door office.

The Defendant entered into an entrustment contract with the victim company to receive fees from the victim company in the following month when he/she carried out transportation on the cost of door-to-door distribution entrusted by the victim C, and paid the collected transportation fees to the victim company in full.

From October 2007 to December 2, 2008, the Defendant embezzled only KRW 88,589,200 out of KRW 186,026,00,00, after deducting KRW 179,777,950 from the transportation fee to be paid to the victim company in accordance with the above consignment contract as above, the Defendant embezzled it by consuming it as operating expenses of the business place operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to outsourcing contracts;

1. Articles 356 and 355(1) of the Criminal Act applicable to criminal facts do not have any history of punishment for the criminal defendant for the same type of crime, and all of the criminal acts of this case are recognized and divided. The most of the embezzled money is deemed to have been used as operating expenses of a place of business of door-to-door distribution operated by the criminal defendant. However, the amount of damage is a maximum amount of 97 million won, the damage did not have been recovered, and it is deemed difficult to recover the damage in the future. Thus, imprisonment shall be sentenced.

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