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(영문) 수원지방법원 안산지원 2018.04.25 2018고단126
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant agreed to divide E and profits from January 1, 2005 to 50:50, and operated the above corporation from the Sinsung City F with the agreement to divide the above corporation into KRW 2-300,000,000, which was established for the purpose of selling and leasing temporary materials, the creditor's demand to pay the purchase price of the temporary materials in the situation that the amount of non-collection of the rent of the temporary materials reaches about KRW 2-30,000,000.

On August 14, 2008, the Defendant received 16,170,000 won of temporary material rent from G to the account in the name of the LABD and embezzled it by arbitrarily withdrawing KRW 16,741,210 at around that time, while the Defendant was in the course of business with three times from the company that entered into a contract for a temporary material rental contract, such as the list of crimes in the attached list of the list of crimes, to deliver KRW 29,670,00 to the account in the name of the LABD for materials rent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. H's certificate;

1. A copy of each certificate;

1. Application of reply statutes to requests for details of financial transactions;

1. Relevant Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense.

1. It is so decided as per Disposition on the ground that Article 62(1) of the Criminal Code of the Suspension of Execution (a) of the Criminal Code does not have the same criminal record, but is not agreed with the defendant, and immediately after the crime of this case, the defendant left Korea from a foreign country and did not contact with the victim for a long time, and the damage has not been recovered for a long time, and the damage amount

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