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(영문) 울산지방법원 2017.05.18 2017고단936
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

The Defendant operated the “C”, an import consignment company in Ulsan-gu B apartment 204 2201 dong 204 dong 2201, and was engaged in the business of managing the revenue consignment fee received from the import consignment upon being entrusted with the import consignment.

Around June 25, 2015, the Defendant entered into an import consignment contract with the victim E and his/her girls for the purpose of importing KRW 3,500 per unit of 3,500 for the Defendant’s agricultural bank account (Account Number: G) from around 5,00 won to around 6,00 for the commission of the instant product, and received KRW 30,00,000 for the commission of the Defendant’s production of the instant product from around 00,00 for the commission of the Defendant’s business to KRW 50,00,00,000 for KRW 4,275,348, transportation expenses, 907, transportation expenses, 907, 907, 907, and Salt for the purpose of 3,500,000 won per unit of 3,50,000 won for the Defendant’s personal account (Account). 6,506,306,506,206,7,506, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The details of product photographs, written records, each contract, each letter, each remittance statement, each English pen, written request for payment, and each account transaction;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Grounds for sentencing under Article 356 of the Criminal Act and Articles 355 (1) (Selection of Imprisonment) of the same Act for the choice of criminal facts;

1. The basic area (from April to April) of the kind of embezzlement of the recommended punishment on the sentencing criteria; and

2. Circumstances favorable to the reasons for sentencing: The cost, time of import, customs clearance, cost, and expenses to be incurred by the defendant against the victim for a period of one year.

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