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(영문) 울산지방법원 2019.08.29 2019고단1734
업무상횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around January 26, 2008, the Defendant entered into an agency contract with C, a company that is engaged in manufacturing and selling dental materials, etc. in Ulsan-gu, the Defendant traded with the victim by purchasing dental materials, etc. from the victim and selling them to the company that is supplied with the products by selling them to the victim, dental institution (consumer), and the credit amount cumulative. From around 2014, the Defendant traded with the victim in direct marketing and receiving money from the victim. The Defendant was engaged in delivery and receiving money as the agent of the victim.

On October 13, 2016, the Defendant transferred 4,180,000 won of dental materials sold by the victim in a direct plate form to D D and embezzled 103,63,350 won of dental materials sold by the victim for personal purposes, such as living expenses, etc. around that time from February 2, 2016 to January 2018, as indicated in the attached list of crimes, as shown in the annexed list of crimes, from around 2016 to around 2018, the Defendant used 34 companies, 103,63,350 won of dental materials sold by the victim for personal purposes, such as living expenses and repayment of debts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A full certificate of registered matters, an agency contract, a written agreement on redemption of goods, a certificate of direct sales balance, a certificate of usage in each business, and a written confirmation of receipt of credit payment by customer;

1. Application of Acts and subordinate statutes to investigation reports (affort title, such as the process of issuing tax invoices and tax invoices, and an agricultural bank account analysis under the name of the

1. Articles 356(1) and 355(1) of the Criminal Act of the relevant criminal facts do not have any record of being punished for the same type or property crime of the defendant for the reason of sentencing, and there is a penance after the crime. On the other hand, the act of embezzlement of large amount of goods over the long-term period of this case, which is not good for the crime, and there is no smooth agreement with the victim.

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