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(영문) 창원지방법원 2015.11.30 2015고단2689
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, as a person who had operated (State)C in Kimhae-si B, entered into a sales agency contract with the Victim D Co., Ltd. (hereinafter “victim”) in 2002, and sold necks and parts from 2002 to June 2012, as the director of the Kimhae-si Office of the Victim, to be supplied by the Victim Company from the Victim Company, and sold them to the Customer in Yongnam-Nam-si area, and deposited them into the Victim Company and received approximately KRW 8% fees.

Around December 30, 2009, the Defendant embezzled KRW 190,454,015 out of the total sales proceeds collected from customers 18 times from the day on May 4, 2012, as shown in the list of crimes in the separate sheet of crimes, from the day on which the Defendant voluntarily consumed KRW 41,509,732 for personal purposes, while selling Orcles for the construction of the day-to-day electric power, which was entrusted by the victim company to sell Orcles for sale, and then selling them for the construction of the day-to-day electric power, which is the customer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each report on investigation;

1. Details of principal of complaint, a person, a written confirmation, and outstanding amounts sold by each company;

1. Application of Acts and subordinate statutes to a copy of sales agency contract, closed-down certificate, certificate of fact of tax payment, copy of corporate register, copy of tax invoice, and copy of

1. The pertinent legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of imprisonment [the scope of recommending punishment] [10 million won or more] types 2 (1-50 million won or less] (1-3 years or less] (1-50 million won or less] types of basic areas (1-3 years or more] [the decision of sentencing] is determined that the sentence of sentence is inevitable because any damage is not paid to the defendant even though the amount embezzled by the defendant reaches 190 million won: Provided, That the crime of property has no criminal records exceeding the fine, and there are no errors in the sentence, and the defendant's age, character and behavior, and other circumstances favorable to

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