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(영문) 전주지방법원 군산지원 2013.06.05 2012고단3104
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, from September 7, 2003 to July 31, 2010, was engaged in the sales and collection business of the above agency as a member of the E agency of the victim D's operation in the following cities:

The Defendant, from around 2007 to May 2009, collected KRW 3,054,302 of the sales price from Gmaart underground in the Gategy Building in the following city from around 2007 to 3,054,302, and consumed the Defendant’s personal use, such as living cost, according to his mind.

From around the above time to July 31, 2010, the Defendant collected total of KRW 93,691,948 from 68 business partners in the same manner as indicated in the attached list of crimes, and consumed it in mind.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, detailed statement, written confirmation of accident amount and computerized data, investigation report (in cases of submitting DNA data attached to a complainant);

1. The reason for sentencing [the decision of type 100 million won] of the crime of embezzlement and breach of trust (the sentencing range] of Article 356 and Article 355(1) of the Criminal Act relating to the relevant criminal facts and the reason for sentencing [the decision of sentence] of Article 356 and Article 355(1) of the Criminal Act [the decision of sentence] of the crime of embezzlement and breach of trust (the sentencing range] of imprisonment with prison labor for not less than 4 months but not more than 1 year and not more than 1 year and not more than 4 months (the decision of sentence] of the crime of this case is that the defendant embezzled approximately KRW 94 million for three years while working as food agency business personnel and embezzled about a long-term period of crime and the amount of embezzlement is a large amount of crime, and there is no effort to recover the victim's damage. In light

However, the defendant has a depth of mistake and has no criminal record of imprisonment without prison labor or any other favorable circumstance, such as age, character and conduct, environment, motive and means of a crime, and circumstances that have been shown in the records after a crime.

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